RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 May 2007
      DOCKET NUMBER:  AR20060016666


      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. Hubert O. Fry                 |     |Chairperson          |
|     |Mr. Thomas E. O’Shaughnessy       |     |Member               |
|     |Mr. James R. Hastie               |     |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 their unit was moving near Crailsheim, Germany on
    19 April 1945.  A plane came over and fired a rocket on one tank
destroyer, killing their lieutenant and wounding several men.  Late in the
evening, a blast from a German 88 tank in front of their squad was sending
shrapnel in all directions.  A piece of shrapnel hit his right leg just
below the knee and small pieces penetrated his left upper thigh.  All of
the medics were busy cleaning up [the wounded] from the plane attack.
After he saw that his wounds were not severe, he was very glad no other
damage was done at the time compared to the other wounded comrades.  He was
treated by one of their medics, who was later wounded in the same battle.

3.  The applicant provides two self-authored statements; a small map of the
area around Crailsheim; an 11 November 2006 letter from the Disabled
American Veterans, National Service Office; three letters of support from
former comrades; and his 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 18 April 1946.  The application submitted in this case is
dated        18 November 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, to include
his service medical records, for the Board to conduct a fair and impartial
review of this case.

4.  The applicant was inducted into the Army and entered active service on
        8 June 1944.  He arrived in the European Theater of Operations on
23 December 1944 and departed on 2 July 1945.  He was discharged on 18
April 1946.

5.  Item 34 (Wounds Received in Action) on the applicant’s WD AGO Form 53-
55 contains the entry, “NONE.”

6.  The applicant provided three letters of support from former comrades.
One of the letters was from his former squad leader, who stated that a
blast from a German 88 tank in front of their squad sent shrapnel in all
directions.  The applicant was hit with shrapnel in his right leg.

7.  Army Regulation 600-8-22 (Military Awards) states 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’s contentions and the letters of support he provided have
been carefully considered.  However, other than his own statement there is
no evidence of record to show he was treated for wounds.  Regrettably,
there is insufficient evidence to show he met the eligibility criteria for
award of the Purple Heart.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 April 1946; 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 would be appropriate to waive failure
to timely file in this case as 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

__hof___  __teo___  __jrh___  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.




                                  ___Hubert O. Fry______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060016666                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070522                                |
|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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