RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 May 2007
	DOCKET NUMBER:  AR20060013804 


	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. G. E. Vandenberg

Analyst

The following members, a quorum, were present:


Mr. Jeffrey C. Redmann

Chairperson

Mr. Ronald J. Weaver

Member

Mr. David W. Tucker

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 that he be awarded the Purple Heart.

2.  The applicant states that since he was wounded in the left arm and is in receipt of Department of Veterans Affairs (VA) service connection for this wound, he should receive the Purple Heart.

3.  The applicant provides copies of 3 February 2006 VA rating decision and a WD AGO Form 53-55 (Enlisted Record and Report of Separation).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 1 January 1946.  The application submitted in this case is dated 20 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 were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained solely from the WD AGO Form 53-55 provided by the applicant.

4.  The WD AGO Form 53-55 shows the applicant:

	a.   entered active duty on 21 May 1943;

	b.  he served in the European Theater of Operations from 9 November 1943 through 16 December 1945; 

	c.  he served in the military occupational specialty (MOS) of 604 (Light Machine Gunner);

	d.  participated in three campaigns; 
	
	e.  was awarded the Good Conduct Medal, the European African-Middle Eastern Campaign Medal with 3 bronze service stars and 1 bronze arrowhead, the Distinguished Unit Badge, the Combat Infantryman Badge, and the World War II Victory Medal; and

	f.  Block 34 (Wounds) states "None." 

5.  On 3 February 2006 the VA granted the applicant a noncompensable disability rating for scar to his left forearm.  In the decisional document it states that the applicant's service medical records were silent for the incurrence or treatment of a wound.  The VA decision was based on the statements of the applicant.

6.  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.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart.

7.  Army Regulation 600-8-22 further provides 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.  Therefore, 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.  The report of the VA examination does not meet the criteria for awarding of the Purple Heart by showing that there is a record of treatment for a wound sustained as the result of enemy action or while the applicant was in action against an enemy.  In fact, the rating decision specifically states that the service medical records are silent as to any wound.



2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

3.  Based on the applicant's service in WWII and his award of the Combat Infantryman Badge, the applicant is authorized award of the Bronze Star Medal.  Correction of this error does not require Board action.  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.

4.  Records show the applicant should have discovered the error or injustice now under consideration on 1 January 1946, the date of his separation from active duty.  However, the ABCMR was not established until 2 January 1947.  Therefore, the time for the applicant to file a request for correction of any 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 based on the fact there are no time limitations on requests for award of the Purple Heart.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___JCR__  __DWT_  __RJW __  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 to show award of the Purple Heart.

2.  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 that, in addition to the awards listed on the WD AGO Form 53-55, the applicant is also authorized award of the Bronze Star Medal.





_    Jeffrey C. Redmann___
          CHAIRPERSON


INDEX

CASE ID
AR20060013804
SUFFIX

RECON
 
DATE BOARDED
 20070524
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.