RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 August 2007
      DOCKET NUMBER:  AR20070002736


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. Robert W. Soniak              |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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.

2.  The applicant states, in effect, that he is entitled to a Purple Heart
and that he was offered one in 1945 when he was blown off a tank but
declined it.

3.  The applicant provides excerpts from a journal in support of this
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 February 1946.  The application submitted in this case is
dated 8 February 2007.

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 ABCMR 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.

4.  The applicant's available record shows that he was inducted into the
Army of the United States on 29 August 1944 and entered active duty on the
same date.  He completed basic combat training and advanced individual
training and was awarded the military occupational specialty (MOS) 060
(Cook).

5.  The applicant's WD AGO 53-55 (Enlisted Record and Report of Separation,
Honorable Discharge) shows in Item 36 (Service Outside Continental U.S. and
Return), that he served in the European Theater of Operations (ETO) from
15 January 1945 through 26 January 1946.

6.  Item 32 (Battles and Campaigns) of the applicant's WD AGO 53-55 shows
that he participated in the Ardennes, Rhineland, and Central Europe
campaigns.
7.  On 16 February 1946, the applicant was discharged honorably after
completing a total of 1 year, 5 months, and 18 days of active military
service.  Item 31 (Military Qualification and Date (i.e., infantry,
aviation, marksmanship badges, etc)) of his WD AGO 53-55 shows that he was
awarded the Combat Infantryman Badge.  Item 33 (Decorations and Citations)
of the WD AGO 53-55 he was issued shows that he earned the following awards
during his active duty tenure:  the Good Conduct Medal, the European-
African-Middle Eastern (EAME) Campaign Medal, and the World War II Victory
Medal.

8.  The applicant submitted a 12 page unnotarized, undated, handwritten
excerpt of his journal written when he was 81 years old.

9.  Item 33 (Decorations and Citations) of the applicant’s WD AGO 53-55
does not show award of the Purple Heart.

10.  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 by a medical officer, and the medical treatment must have been
made a matter of official record.

11.  A review of the applicant’s records indicates entitlement to
additional awards and decorations not shown on this WD-AGO 53-55.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, 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.  This means, in effect, that the
Bronze Star Medal is to be awarded to individuals who were authorized
either badge for service during World War II.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the foreign unit awards received by
units serving in the European Theater of Operations.  This document shows
that, at the time of the applicant’s assignment to the ETO, he received
campaign credit for the Ardennes campaign from 16 December 1944 through 25
January 1945, the Central Europe campaign from 22 March 1945 through 11 May
1945 and the Rhineland campaign from 15 September 1944 through 21 March
1945.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple
Heart.

2.  There are no general orders that show the applicant was awarded the
Purple Heart.  There is no evidence in the applicant’s available service
personnel records which shows that he was wounded or injured as a result of
hostile action or treated for such wounds.  There are no supporting
documents or eyewitness accounts to verify the applicant’s journal entries.
 In the absence of such evidence, there is insufficient basis to grant
award of the Purple Heart in this case.

3.  The applicant's available record shows that he was awarded a Combat
Infantryman Badge, which is considered the citation in orders for award of
the Bronze Star Medal during WWII.  Therefore, his records should be
corrected to award of the Bronze Star Medal.

4.  Records show the applicant’s unit served a qualifying period of service
for the Ardennes, the Central Europe and the Rhineland campaigns.
Therefore, he is entitled to three bronze service stars affixed to his
already awarded EAME Campaign Medal.

5.  Records show the applicant served a qualifying period of service for
award of the American Theater Campaign Medal.  Therefore, he is entitled to
correction of his records to show this award.

6.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
American Campaign Medal.  This campaign medal is awarded for qualifying
service in the American Theater between 7 December 1941 and 2 March 1946.
Qualifying service for this campaign medal includes permanent assignment
outside the continental United States but within the American Theater of
Operations, duty as a crewmember aboard a vessel sailing ocean waters for
30 consecutive or 60 nonconsecutive days, or duty outside the continental
United States as a passenger or in a temporary duty status for 30
consecutive or 60 nonconsecutive days, or active combat against the enemy
and was awarded a combat decoration or furnished a certificate by a corps
commander or higher, or service within the continental United States for an
aggregate period of one year.

7.  The record confirms that the applicant is entitled to the Bronze Star,
the three bronze service stars affixed to his already awarded EAME Campaign
Medal, and the American Theater Campaign Medal.  The omission of these
awards from his record is an administrative matter that does not require
Board action.  As a result, the Case Management Support Division (CMSD),
St. Louis, Missouri will be requested to make the necessary corrections as
outlined in paragraph 3 of the BOARD DETERMINATION RECOMMENDATION section
below.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 February 1946.  Thus, 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.
 Although the applicant did not file within the ABCMR's statute of
limitations, it is appropriate to waive failure to timely file in this case
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

___CG __  ___RWS_  ___KSJ__ 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.





3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show award of the Bronze Star Medal, three bronze service
stars affixed to this already awarded EAME Campaign Medal, and the American
Theater Campaign Medal.




                            ____  Curtis Greenway____
                                      CHAIRPERSON






                                    INDEX

|CASE ID                 |AR20070002736                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/08/02                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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