RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 June 2007
      DOCKET NUMBER:  AR20060017454


      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:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Joe R. Schroedor              |     |Member               |
|     |Mr. Chester A. Damian             |     |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 was wounded on the morning of
6 March 1945, in Irsch, Germany, while under full counter attack.  He
states that all he can remember is a flash of light after which he found
himself flat on his back with his nose bleeding and several small cuts
across the bridge of his nose. He claims his sergeant attended to him and
it appeared the wounds were minor.  The bleeding was stopped and he went
back to his position.  He states that the next morning, he went on sick
call to have his wounds dressed and he asked the doctor if he qualified for
the PH, and the doctor told him he waited too long to report it.  He claims
the doctor said he should have left his position and found a medical
corpsman (MEDIC).  He claims he told the doctor they were under full
counter attack and his duty was to protect their position, and he went back
to setting elevation and firing their guns.  He states he cannot recall the
aid station he went to, but he does remember it being quite a long building
and that he was required to wait to have his wounds examined and the rank
of the doctor who treated him was a major.  He states that as for
establishing the exact date, he went on to have his wounds examined on the
date recorded in their battalion history book, which records the day as 6
March 1945 in Irsch, Germany.

3.  The applicant also states that he was recently informed that the PH was
awarded to those who fought in the Battle of the Bulge who received frozen
feet, either frost bite or trench foot.  He claims he was there and
supported the 51st Armor Infantry and other divisions.  He claims his
battalion supported the 51st, which was his brother's outfit and they
communicated with each other but never met until the war ended.  He also
claims to have received four major battle stars and that he is a veteran
with what the Department of Veterans Affairs (VA) describes as trench foot.


4.  The applicant provides a self-authored statement; a medical treatment
form, dated 23 December 1944; and a unit history document extract in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 2 January 1946, the date of his separation.
The application submitted in this case was received 18 December 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 (NPRC) 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 Separation Qualification Record (WD AGO Form 100),
Certification of Military Service, and various documents remaining in his
NPRC file.

4.  The applicant's Certification of Military Service shows he served on
active duty from 2 February 1943 through 2 January 1946, at which time he
was honorably discharged in the rank of private first class.

5.  The applicant's WD AGO Form 100 shows he served in the European Theater
of Operations (ETO) with the 241st Field Artillery Battalion.  The specific
dates of his overseas service are not included on any of the existing
records.

6.  The applicant's NPRC file is void of any documents related to his being
treated for shrapnel wounds to his nose, or for any other combat-related
wound or injury during his active duty tenure.

7.  The applicant provides a Medical Treatment Form (Form Number 52b),
dated 23 December 1944, which shows he was treated for trench foot, acute,
mild with rest and mild warmth on 23 December 1944.  There are also
supplemental notes that indicate he received follow-up treatment on 24, 26,
and 27 December 1944, at which time he was returned to duty.

8.  The applicant also provides a unit history document extract that
describes the unit's action during March 1945.  It indicates that on 5
March 1945, his unit moved northeast across the Saar River through
demolished Trier and took positions in the town of Irsch, and on 6 March
1945, the Germans counterattacked and caused considerable trouble for the
unit.
9.   While award of the PH for frostbite injuries is currently prohibited,
such injuries were previously a basis for the award.  Until 1951, Army
Regulation
600-45, which governed the award of the Army decorations, stated that for
the purpose of considering an award of the PH, a “wound” is defined as an
injury to any part of the body from an outside force, element, or agent
sustained while in action in the face of the enemy or a result of a hostile
act of such enemy.  An “element” pertains to weather and the award of this
decoration to personnel who were severely frostbitten while actually
engaged in combat was authorized.  Trench foot injuries were not considered
to merit award of the PH under these provisions.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 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.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, in order to support an award of a PH a member must have
been wounded or injured in action, must have been treated for this wound or
injury by military medical personnel, and this treatment must have been
made a matter of official record.

2.  In this case, there are no medical or other official records to confirm
that the applicant was ever wounded as a result of enemy action, or that he
was ever treated for a combat related wound or injury.  There are no
medical treatment records showing the applicant was treated for a shrapnel
wound to his nose, and while he does provide a medical treatment form that
indicates he was treated for mild trench foot, this condition does not
support award of the PH under current standards and did not merit award of
the PH under the policy that existed during World War II.

3.  The veracity of the applicant's claim that he was wounded in action
during World War II is not in question.  However, absent any evidence that
shows he was wounded in action, treated for a combat-related wound, or that
he was awarded the PH by proper authority while serving on active duty, the
regulatory burden of proof necessary to support award of the PH has not
been satisfied in this case.  Therefore, his request must be denied in the
interest of all those who served during World War II and who faced similar
circumstances.
4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 January 1946, the date of his
separation.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___LDS      __JRS __  __CAD__  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.




                                  _____Linda D. Simmons____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060017454                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/06/05                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1946/01/02                              |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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