RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 December 2006
      DOCKET NUMBER:  AR20060007863


      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. Peter Fisher                  |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Mr. Jeffrey Redmann               |     |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 correction of his WD AGO Form 53-55 (Enlisted
Record and Report of Separation) to show award of the Purple Heart.

2.  The applicant states that he was wounded during the Battle of the Bulge
in World War II.  He contends that he suffered wounds to his left hand,
index finger, middle finger, and thumb from a gunshot wound and that he was
first treated at an aid station, then in Paris, and then in England.  He
further states that he has been receiving service connected disability for
his wounds since 1946.

3.  The applicant provides a copy of his WD AGO Form 53-55 and a Department
of Veterans Affairs (DVA) Rating Decision, dated 1946.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 29 November 1945.  The application submitted in this case is
dated 25 May 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.  The applicant was inducted on 19 November 1942 and entered active duty
on 2 December 1942.  He served in the European Theater of Operations from
7 September 1944 through 7 June 1945 and was honorably discharged on
29 November 1945.

5.  The applicant’s WD AGO Form 53-55 shows the American Campaign Medal,
the European-African-Middle Eastern Campaign Medal with three bronze
service stars, the Good Conduct Medal, the World War II Victory Medal, one
Service Stripe, and one award of the Overseas Service Bar as authorized
awards.  Item 34 (Wounds Received in Action) on his WD AGO shows the entry,
“None.”  His WD AGO Form 53-55 also shows that he received the Combat
Infantryman Badge.

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.  The Office of The Surgeon General Hospital List shows the applicant was
hospitalized in the European Theater of Operations on 19 April 1945 for a
compound fracture (bones of thorax).  This medical record also states this
was a non-battle injury and that the causative agent was a bullet, machine
gun.

8.  In support of his claim, the applicant provided a DVA Rating Decision
which states, in pertinent part, “that a pensionable rating is not
warranted under the 1933 Rating Schedule for residuals of gunshot wounds of
either the index or middle finger of the left hand.  However, these two
separate disabilities are permanent and are of such character as to clearly
interfere with the veteran’s normal employability.  A rating of ten per
cent (10%) is therefore assigned under the provisions of governing
regulation and authorized instructions.”

9.  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.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze
Star Medal is awarded for heroism and for meritorious achievement or
service in military operations against an armed enemy.  The Bronze Star
Medal is authorized for each individual who was cited in orders or awarded
a certificate for exemplary conduct in ground combat between 7 December
1941 and 2 September 1945 or whose achievement or service, during that
period, was confirmed by documents executed prior to 1 July 1947.  An award
of the Combat Infantryman Badge or the Combat Medical Badge is considered
to be a citation in orders.  This means, in effect, that the Bronze Star
Medal is to be awarded to individuals who were authorized either badge for
service during World War II.




DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record which shows that the applicant was
wounded or treated for any injuries as a result of hostile action during
World War II.  In the absence of orders or other evidence of record showing
that the applicant was injured or treated for wounds as a result of hostile
action, the DVA Rating Decision provided by the applicant is not sufficient
as a basis for award of the Purple Heart.  Therefore, there is insufficient
evidence on which to base an award of the Purple Heart in this case.

2.  Based on award of the Combat Infantryman Badge, the applicant is
entitled to the Bronze Star Medal.

3.  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.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 29 November 1945; 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

PF_____  TR______   JR_____  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 administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show that he was awarded the Bronze Star Medal (based on award
of the Combat Infantryman Badge).



                                  __Peter Fisher________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007863                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061221                                |
|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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