RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 April 2007
      DOCKET NUMBER:  AR20060013239


      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      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Dale E. DeBruler              |     |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 Purple Heart (PH).

2.  The applicant states, in effect, that he never received the PH he is
entitled to based on the shrapnel wound he received while engaged in combat
action on or about 30 March 1945.

3.  The applicant provides the following documents in support of his
application:  Separation Document (WD AGO Form 53-55); Third-Party
Statement, dated
3 November 2001; and Department of Veterans Affairs (VA) Rating Decision,
dated 18 October 1999.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that  occurred on 5 May 1946, the date of his separation.  The application
submitted in this case is dated 1 September 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.  This case is being
considered using reconstructed records, which primarily consist of the
applicant's WD AGO Form 53-55 and documents provided by the applicant; and
miscellaneous documents contained in the applicant's reconstructed National
Personnel Records Center (NPRC) file.

4.  The applicant's WD AGO Form 53-55 shows that he was inducted into the
Army and entered active duty on 1 December 1943.  It also shows that he
served in the European Theater of Operations (ETO) from 6 February 1945
through
12 August 1945, and that he participated in the Rhineland and Central
Europe campaigns of World War II.
5.  Item 6 (Organization) shows that he was assigned to Company I, 513th
Parachute Infantry Regiment.  Item 31 (Military Qualifications) shows he
received the Expert Infantryman Badge and Combat Infantryman Badge (CIB)
and Item 33 (Decorations and Citations) shows he earned the European-
African-Middle Eastern Campaign Medal with 2 bronze service stars, American
Theater Ribbon, Army Good Conduct Medal, and World War II Victory Medal.
Item 34 (Wounds Received In Action) contains the entry "None", and the
applicant authenticated the separation document with his signature in Item
56 (Signature of Person Being Separated) on the date of his separation.

6.  There are no orders or other documents in the applicant's reconstructed
NPRC file that show he was ever recommended for or awarded the PH by proper
authority, or that he was ever treated for a combat related wound by
military medical personnel while he was serving on active duty.

7.  On 5 May 1946, the applicant was honorably separated, in the rank of
private first class, after completing a total of 2 years, 5 months, and 26
days of active military service.

8.  The applicant provides a third-party statement from his platoon leader
during World War II, dated 21 October 1998.  This individual states that on
or about
30 April 1945, the applicant was reported as having received a shrapnel
wound to his leg while in action in or around Munster.  He states the
applicant received treatment for the wound from one of the unit medical
corpsman.  He concludes that as the scar from the wound indicates, the
applicant did receive his wound in ground combat against the enemy and is
deserving of the PH.  This same individual provided a second statement,
dated 29 November 2001, in which he claims the applicant was wounded in his
left knee and lower leg on 30 March 1945.  In this statement he indicates
the wound was sustained on the approach to Munster, Germany and the
applicant was treated by a unit medical corpsman, whom he names.  He also
concludes this statement by indicating that in his opinion, the applicant
should be awarded the PH.

9.  The applicant also provides a VA Rating Decision, dated 18 October
1999, in which he was granted service connection and a 0 percent disability
rating for residuals of shrapnel wound of left knee and left lower leg.
The VA Rating Decision document confirms that the applicant's service
medical records were not available and that the third-party affidavit
provided by the applicant's former platoon leader was used to support the
shrapnel wound rating.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.
11.  Paragraph 2-8 of the awards regulation contains the regulatory
guidance pertaining to awarding the PH.  It states, in pertinent part, that
in order to award a PH there must be evidence that a member was wounded or
injured as a result of enemy action, that the wound required treatment by
military medical personnel, and a record of this treatment must have been
made a matter of official record.

12.  Paragraph 3-13d (2) of the awards regulation states, in effect, that
the Bronze Star Medal (BSM) is authorized to members of the Armed Forces of
the United States who, after 6 December 1941, were cited in orders or
awarded a certificate for exemplary conduct in ground combat against an
armed enemy between 7 December 1941 and 2 September 1945.  This paragraph
also stipulates that for this purpose, an award of the CIB is considered as
a citation in orders.

13.  Paragraph 5-10 of the awards regulation contains guidance on the Army
Occupation Medal.  It states, in pertinent part, that it is authorized for
Germany during the period 9 may 1945 through 5 May 1955.  It is only
authorized for service between 9 May and 8 November 1945 if the European-
African-Middle Eastern Campaign Medal was authorized before 9 May 1945.
Paragraph 5-12 contains guidance on the European-African-Middle Eastern
Campaign Medal.  It states, in pertinent part, that a bronze arrowhead is
authorized for wear on this medal to denote participation in a combat
parachute jump, helicopter assault landing, combat glider landing, or
amphibious assault landing, while assigned or attached as a member of an
organized force carrying out an assigned tactical mission.

14.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation
Credit Register-World War II) establishes the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during World War II.  This source confirms that
during his tenure of assignment, the applicant’s unit (Company I, 513th
Parachute Infantry Regiment) was awarded occupation credit for Germany for
the period 20 May through 4 July 1945 and assault landing credit for
Weasel, Germany on 24 March 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH and the supporting
evidence he provided were carefully considered.  However, by regulation, in
order to support award of the PH, there must be evidence a member was
wounded/injured in action, was treated for the wound/injury by military
medical personnel, and a record of this medical treatment must have been
made a matter of official record.

2.  The veracity of the applicant’s claim that he was wounded in action
while serving in World War II and of the information contained in the third-
party statement provided is not in question.  However, the applicant's
separation document contains the entry “None” in Item 34, which indicates
he was never wounded as a result enemy action.  Further, the PH is not
included in the list of earned awards contained in Item 33, and the
applicant authenticated the
WD AGO Form 53-55 with his signature on the date of his separation, 5 May
1946.  In effect, his signature was his verification that the information
contained on the separation document, to include the Item 33 and Item 34
entries, was correct at the time the WD AGO Form 53-55 was prepared and
issued.

3.  Absent any evidence confirming that he was wounded in action, that he
was treated for a combat related wound by military medical personnel, that
he was ever recommended for or awarded the PH by proper authority while
serving on active duty, and of any evidence of record to corroborate the
information contained in the third-party statement provided by the
applicant's former platoon leader, the regulatory burden of proof necessary
to support award of the PH has not been satisfied in this case.  As a
result, in the interest of all those who served during World War II and who
faced similar circumstances, it would not be appropriate to grant the
requested relief in this case.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration related to award of the PH on 5 May 1946,
the date of his separation.  Therefore, based on the date the Board was
established 2 January 1947, the time for him to file a request for
correction of any error or injustice expired on 1 January 1950.  He failed
to file within the 3-year statute of limitations and has not provided a
compelling explanation or evidence to show that it would be in the interest
of justice to excuse failure to timely file in this case.

5.  The evidence does show that based on his having received the CIB, the
applicant is entitled to the BSM based on his exemplary conduct in ground
combat against an armed enemy while serving in the ETO from 6 February
through 12 August 1945.  It also shows he is entitled to the Army
Occupation Medal with Germany Clasp and a bronze arrowhead with his
European-African-Middle Eastern Campaign Medal.  The omission of these
awards is an administrative matter that does not require Board action.
Therefore, the Case Management Support Division (CMSD), St. Louis,
Missouri, will administratively correct the applicant's record and
separation document as outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__WDP__  __WFC__  __DED__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice related to award of the
Purple Heart.  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 concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show his entitlement to the Bronze Star Medal, Army
of Occupation Medal with Germany Clasp and a bronze arrowhead with his
European-African-Middle Eastern Campaign Medal; and by providing him a
correction to his separation document that includes these changes.




                                  _____William D. Powers___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060013239                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/04/26                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1946/05/05                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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