RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 November 2006
      DOCKET NUMBER:  AR20060006541


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Ms. Susan Powers                  |     |Member               |
|     |Mr. Dennis Phillips               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Purple Heart.

2.  The applicant states, in effect, that he was evacuated from Germany to
France in March 1945 and that he was told he would receive the Purple Heart
for injuries to his feet (exposure to chemicals).  He contends that he
never received any of his medals.

3.  The applicant provides a copy of his WD AGO Form 53-98 (Military Record
and Report of Separation); a letter, dated 25 October 1993, from the U.S.
Army Reserve Personnel Center, St. Louis, Missouri; and a letter, dated 1
May 2006, from the National Personnel Records Center, St. Louis, Missouri.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 August 1946.  The application submitted in this case is
dated 1 April 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  After having prior enlisted service, the applicant entered active duty
on
30 September 1944 as a second lieutenant.  He arrived in the European
Theater of Operations on 13 January 1945 and departed on 8 June 1946.  On
11 August 1946, he was released from active duty.

5.  Item 28 (Battles and Campaigns) on the applicant’s WD AGO Form 53-98
shows he participated in two battles and campaigns.  His WD AGO Form 53-98
shows the American Campaign Medal, the World War II Victory Medal, the
European-African-Middle Eastern Campaign Medal, and the Army of Occupation
Medal as authorized awards.  Item 30 (Wounds Received in Action) on his WD
AGO Form 53-98 shows the entry, “NONE.”

6.  There is no evidence in the available records that shows the applicant
was awarded the Purple Heart or was wounded as a result of hostile action
during World War II.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded for a wound sustained as a result of
hostile action.  Substantiating evidence must be provided to verify that
the wound was the result of hostile action, the wound must have required
treatment, and the medical treatment must have been made a matter of
official record.

8.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation or listed in item 32 of the WD AGO Form 53-55.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records which shows that the
applicant was wounded or injured as a result of hostile action during World
War II.  Regrettably, there is insufficient evidence on which to award the
Purple Heart in this case.

2.  The applicant participated in two campaigns in the European Theater of
Operations which entitles him to the European-African-Middle Eastern
Campaign Medal with two bronze service stars.

3.  The Army Board for Correction of Military Records does not issue
medals.  The applicant may receive the awards shown on his WD AGO Form 53-
98 by submitting a request in writing to the following address: National
Personnel Records Center, ATTN:  Army Medals, 9700 Page Avenue, St. Louis,
Missouri 63132-5100.  A copy of the WD AGO Form 53-98 should be included
with the request.

4.  Evidence shows that the applicant’s records contain an administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

5.  Records show the applicant should have discovered the alleged error now
under consideration on 11 August 1946; therefore, the time for the
applicant to file a request for correction of any error or injustice
expired on 1 January 1950
(3 years after the Board was established on 2 January 1947).  Although the
applicant did not file within the ABCMR's statute of limitations, it is
appropriate to waive failure to timely file based on the fact there is no
statute of limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JM_____  _SP_____  __DP____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  The Board determined that an administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show two bronze service stars for wear on his
already awarded European-African-Middle Eastern Campaign Medal.



                                  ___John Meixell_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006541                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061128                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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