RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 April 2007
      DOCKET NUMBER:  AR20060014726


      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      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. David K. Haasenritter         |     |Member               |
|     |Mr. John G. Heck                  |     |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 on 22 March 1945 he was a crewmember of a
howitzer.  He was manning the gun during a fire mission.  The enemy fixed
their position and returned fire.  They entered their foxhole, and when the
enemy barrage stopped, they exited and continued to man the gun.  While
exiting the foxhole, he cut his right hand.  He continued to man the gun
the rest of the day and the entire night.  It became infected and he was
evacuated to a hospital.

3.  The applicant states the paperwork awarding him the Purple Heart was
submitted at the time of his injury.  However, he did not accept it at the
time because he did not want to cause his parents any undue stress or
worry.  He is proud of what he helped to accomplish.  He would like this
error corrected in order to set the record straight.

4.  The applicant provides copies of his service records.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 19 November 1945.  The application submitted in this case
is dated 24 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 was inducted into the Army on 3 April 1941.  He arrived
in the European-African-Middle Eastern Theater of Operations on 13 July
1944.

4.  The Remarks section of the applicant’s Service Record contains the
entry, “Injured in action:  Wound contused right hand mild incurred 22 Mar
45 while in combat.  Sol fell and injured hand, Germany. Evac to Hosp.
Returned to dy      27 Mar 45.”

5.  On 19 November 1945, the applicant was honorably separated.  His WD AGO
Form 53-55 shows he participated in four campaigns and was awarded the
American Defense Ribbon, the American Theater of Operations Service Ribbon,
the European-African-Middle Eastern Service Ribbon (currently designated
the European-African-Middle Eastern Campaign Medal), the Army Good Conduct
Medal, and the World War II Victory Medal.  Item 34 (Wounds Received in
Action) contains the entry “NONE.”

6.  Army Regulation 600-45 (Decorations), in effect at the time, provided
for award of the Purple Heart to members of the armed forces of the United
States who were wounded in action against an enemy of the United States, or
as a direct result of such an act of such an enemy, provided such wound
necessitated treatment by a medical officer.

7.  Army Regulation 600-8-22 (Military Awards), the regulation that
currently governs award of the Purple Heart, states the Purple Heart is
awarded to any member of an Armed Force who has been wounded or killed in
any action against an enemy of the United States.  The wound must have
required treatment by a medical officer and records of medical treatment
for wounds or injuries received in action must have been made a matter of
official record.  When contemplating an award of the Purple Heart, the key
issue commanders must take into consideration is the degree to which the
enemy caused the injury. The fact the proposed recipient was participating
in direct or indirect combat operations is a necessary prerequisite, but is
not sole justification for award.

8.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in item 32 (Battles and
Campaigns) of the WD AGO Form 53-55.  This regulation states authorized
bronze service stars will be worn on the appropriate campaign or service
medal including the European-African-Middle Eastern Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the paperwork awarding him the Purple
Heart was submitted at the time of his injury but he did not accept it at
the time has been considered.

2.  The entry in the applicant’s Service Record that shows he was injured
in action and suffered a contused right hand while in combat has been
considered.

3.  Unfortunately, the applicant’s description of the events leading up to
his injury appear to show that he did not meet the eligibility criteria for
award of the Purple Heart.
4.  The applicant acknowledges that the enemy had stopped firing before he
cut his right hand exiting from the foxhole.  It does not appear that he
met the eligibility criteria, in both the regulation in effect at the time
and in the current governing regulation, that the injury must have been
incurred in action against an enemy of the United States (he stated he cut
his hand before they resumed firing), or as a direct result of such an act
of such an enemy.  There appears to be insufficient evidence to show the
enemy caused the applicant’s injury to such a degree as to warrant award of
the Purple Heart.

5.  The applicant was credited with participation in four campaigns, which
makes him eligible to wear four bronze service stars on his European-
African-Middle Eastern Campaign Medal.

6.  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.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 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 3-year 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

__jns___  __dkh___  __jgh___  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 an 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 amend his WD AGO Form 53-55 to show he is eligible
to wear four bronze service stars on his already-awarded European-African-
Middle Eastern Campaign Medal.




                                  __John N. Slone_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060014726                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070419                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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