RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 March 2007
      DOCKET NUMBER:  AR20060010817


      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      |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Mr. Jerome Pionk                  |     |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 his records be corrected to show that he
was awarded the Purple Heart with First Oak Leaf Cluster.

2.  The applicant states, in effect, that he was awarded the Purple Heart
with First Oak Leaf Cluster; however, it was erroneously omitted from his
separation document.

3.  The applicant provides a letter of explanation (copy attached)
addressed to the Board dated 26 July 2006; a copy of General Orders Number
30, dated 21 September 1945, awarding him the Purple Heart with First Oak
Leaf Cluster; a copy of his Honorable Discharge Certificate; a copy of his
Enlisted Record and Report of Separation (WD AGO Form 53-55); a statement
of history of the 10th  Armored Division; a copy of a Data Force Associates
Military Records Retrieval Authorization; and a copy of an Organization or
Detachment Commander's Report.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 7 January 1946.  The application submitted in this case
is dated 23 July 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
from alternate sources.

4.  The applicant was inducted into the Army on 19 November 1942.  He
successfully completed his training and was awarded a light artillery gun
crewman military occupational specialty.  He was transferred to Europe on
12 September 1944.

5.  The available records indicate that the applicant was in Europe
assigned to the 423rd Armored Field Artillery Battalion in Luxembourg,
serving in the rank of sergeant (E-5) on 21 September 1945, when General
Orders Number 30 was published awarding him the Purple Heart with First Oak
Leaf Cluster for wounds received as a result of enemy action on 18 December
1944.

6.  The applicant returned to the Continental United States on 14 December
1945.

7.  The applicant was honorably discharged on 7 January 1946, under the
provisions of Army Regulation 615-365, for the Convenience of the
Government (Demobilization).  The WD AGO Form 53-55 that he was furnished
at the time of his discharge shows that he was awarded the American Theater
Ribbon, the European-African-Middle Eastern Theater Ribbon with three
Bronze Service Stars; the Good Conduct Ribbon; the Bronze Star Medal; and
the World War II Victory Medal.  However, the Purple Heart with First Oak
Leaf Cluster was never included on his WD AGO Form 53-55.

8.  Army Regulation 600-8-22 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 is no statute of limitations on
requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's application was not filed within this Board 3-year
statute of limitation.  However, in accordance the applicable regulation,
there is no statute of limitations on requests for award of the Purple
Heart.

2.  The available records indicate that General Orders Number 30 was
published on 21 September 1944 awarding the applicant the Purple Heart with
First Oak Leaf Cluster.  Therefore, his WD AGO Form 53-55 should be
corrected to reflect his decoration.

3.  In view of the foregoing, it would now be in the interest of justice
the correct the applicant's records as recommended below.




4.  Records show the applicant should have discovered the error or
injustice now under consideration on 7 January 1946, the date of his
separation from active duty.  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.

BOARD VOTE:

___WP __  ___PS __  __JP ___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by amending his WD AGO Form 53-55 show
that he was awarded the Purple Heart with First Oak Leaf Cluster on 18
December 1944, while serving in the rank of sergeant (E-5).




                            _____ William Powers________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010817                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070313                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS & DECORATIONS           |
|2.  61                  |107.0015/PURPLE HEART                   |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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