RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 January 2007
      DOCKET NUMBER:  AR20060008598


      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. James Anderholm               |     |Chairperson          |
|     |Mr. Jerome Pionk                  |     |Member               |
|     |Mr. Scott Faught                  |     |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 that he believes he is entitled to award of the
Purple Heart and that he was told by the military before he was discharged
that he was entitled to this award.  He contends that he is currently
receiving compensation for gunshot wounds in both legs.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record
and Report of Separation) and a Department of Veterans Affairs (DVA) Rating
Decision, dated 2 March 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
3 December 1945.  The application submitted in this case is dated 13 June
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 30 October 1942 and entered active duty
on 13 November 1942.  He served in the European Theater of Operations from
5 September 1943 until approximately 28 November 1945 and was honorably
discharged on 3 December 1945.

5.  The applicant’s WD AGO Form 53-55 shows the Good Conduct Medal, the
European-African-Middle Eastern Campaign Medal with three bronze service
stars, the World War II Victory Medal, and four awards of the Overseas
Service Bar as authorized awards.  Item 34 (Wounds Received in Action) on
the applicant’s WD AGO Form 53-55 shows the entry, “None.”

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

7.  In support of his claim, the applicant provided a DVA Rating Decision,
dated
2 March 2005, which shows that he was granted service connection for
tinnitus, (10 percent); and residual disability from gunshot wound, left
leg, (10 percent).  The DVA Rating Decision states, in pertinent part, “At
the VA examination you reported that during your military service you
served in World War II.  You were wounded and reported that you were
exposed to a great deal of noise during your time in combat.”  It also
states, “At the VA examination you reported that you were hit in the left
calf with shrapnel from enemy fire.”  It further states, “There was no
treatment other than acute care and the metal was not removed from the
leg.”

8.  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.

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.  Regrettably, there is
insufficient evidence on which to base an award of the Purple Heart in this
case.

2.  Records show the applicant should have discovered the alleged error now
under consideration on 3 December 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

JA_____  _JP_____  _SF_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  __James Anderholm_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060008598                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070109                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |107.0015                                |
|3.                      |107.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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