RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 April 2007
	DOCKET NUMBER:  AR20060012745 


	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. Gerard W. Schwartz

Acting Director

Ms. Loretta D. Gulley

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Jeffrey C. Redmann

Member

Mr. Scott W. 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, in effect, award of the Bronze Star Medal and the Purple Heart.

2.  The applicant states, in effect, that the Bronze Star Medal and the Purple he received are not shown on his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge). 

3.  The applicant provides a copy of WD AGO Form 53-55 and copies of certificates for the Bronze Star Medal and the Purple Heart Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 16 January 1946.  The application submitted in this case is dated 30 August 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 Board noted the applicant's request for award of the Bronze Star Medal. The applicant's does not list the Bronze Star Medal as an authorized award.  There is no evidence that he was awarded or was recommended for award of the Bronze Star Medal.  The applicant has not exhausted the administrative remedy available to him under the provisions of Section 1130, Title 10, United States Code.  He has been notified by separate correspondence regarding submission of a recommendation for award of the Bronze Star Medal under this provision of law.  As a result, award of the Bronze Star Medal requested by the applicant is not discussed further in these Proceedings.

4.  The applicant’s military records are not available to the ABCMR 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.  

5.  The applicant's available record shows that he was inducted in the Army of the United States on 9 March 1943 and entered active duty on 16 March 1943.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 965 (Auto Mechanic).

6.  The applicant's WD AGO 53-55 shows in item 36 (Service Outside Continental U.S. and Return), that he served in the European Theater of Operations (ETO) from 13 November 1944 through 31 December 1945.  

7.  Item 32 (Battles and Campaigns) of the applicant's WD AGO 53-55 shows that he participated in the Rhineland and the Central European campaigns.  

8.  On 16 January 1946, the applicant was honorably separated after completing a total of 2 years, 10 months, and 8 days of active military service.  Item 31 (Military Qualification and Date (i.e., infantry, aviation, marksmanship badges, etc) of his WD AGO 53-55, shows that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  Item 33 (Decorations and Citations) of the WD AGO 53-55 he was issued shows he earned the following awards during his active duty tenure:  World War II Victory Medal, the American Theater Ribbon, the European-African-Middle Eastern Theater Campaign Medal, and the Good Conduct Medal.

9.  The DA Form 1577 (Authorization for Issuance of Awards) Department of the Army, RCPAC, signed by an Assistant Adjutant General on 21 May 1992, shows that the applicant was authorized the Army of Occupation Campaign Medal with Germany Clasp, the European-African-Middle Eastern Theater Campaign Medal with two bronze service stars, and the Honorable Service Lapel Button WWII. 

10.  Item 33 (Decorations and Citations) of the applicant’s WD AGO 53-55 does not show award of the Purple Heart. 

11.  Item 32 (Wounds Received in Action) of the applicant’s WD AGO 53-55 does not show an entry for wounds received.

12.  Item 5 (Award Code) of the applicant’s DA Form 1577 does not show award of the Purple Heart.  

13.  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 by a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart.  

2.  There are no general orders that show the applicant was awarded the Purple Heart.  There is no evidence in the applicant’s available service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such wounds.  In the absence of such evidence, there is insufficient basis to grant award of the Purple Heart in this case.

3.  The applicant's available record contains a DA Form 1577 authorizing him issuance of the Army of Occupation Campaign Medal with Germany Clasp, the European-African-Middle Eastern Theater Campaign Medal with two bronze service stars, and the Honorable Service Lapel Button WWII.  Therefore, his records should be corrected to show these awards.

4.  Evidence shows that the applicant’s records contain 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 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 16 January 1946.  Thus, based on the date the Board was established, 2 January 1947, the time for him to file a request for correction of nay error or injustice expired on 1 January 1950.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file in this case 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

__LDS___  ___JCR _  ___SWF_  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.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.

3.  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 award of the Army of Occupation Campaign Medal with Germany Clasp, the European-African-Middle Eastern Theater Campaign Medal with two bronze service stars, and the Honorable Service Lapel Button WWII. 




_____Linda D. Simmons___
   								 CHAIRPERSON





INDEX

CASE ID
AR20060012745
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/04/05
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.

2.

3.

4.

5.

6.