RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 September 2007
      DOCKET NUMBER:  AR20070005330


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. Dean A. Camarella             |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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 should have been awarded the
PH.  He indicates that the support for this action is his testimony of what
happened when his unit (359th Infantry Regiment) crossed the Rhine.

3.  The applicant provides no additional documentary evidence in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  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 document (WD AGO Form 53-55).

3.  The applicant's WD AGO Form 53-55 shows he enlisted in the Army and
entered active duty on 9 October 1944.  It further shows that he served in
the 359th Infantry Regiment in the European Theater of Operations (ETO)
from
7 March 1945 through 6 August 1946.  It also shows that he participated in
the Central Europe and Rhineland campaigns.

4.  Item 31 of the applicant's separation document shows that he received
the Combat Infantryman Badge (CIB).  Item 33 (Decorations and Citations)
does not include the PH in the list of earned awards entered.  Item 33 does
show he earned the following awards during his active duty tenure:  Army
Good Conduct Medal; European-African-Middle Eastern Campaign Medal; Army of
Occupation Medal; and World War II Victory Medal.

5.  Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-
55 contains the entry "None", and the applicant authenticated the WD AGO
Form 53-55 with his signature in Item 56 (Signature of Person Being
Separated) on
21 August 1946, the date of his honorable discharge.  The separation
document confirms the applicant held the rank of technician 5 (TEC 5) and
that he had completed a total of 1 year, 10 months, and 27 days of active
military service as of the date of his discharge.

6.  The applicant's NPRC file is void of any orders or other documents that
indicate he was ever recommended for or awarded the PH while serving on
active duty.  There are also no medical treatment records on file that show
he was ever treated for a combat-related wound or injury while serving in
the ETO during World War II.

7.  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 the wound for
which the award is being made was received 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.

8.  Paragraph 3-13 of the awards regulation outlines the criteria for award
of the Bronze Star Medal (BSM).  Paragraph 3-13d (2) states, in effect,
that the BSM is authorized to members of the Armed Forces of the United
States who, after
6 December 1941, were cited in orders or awarded a certificate for
exemplary conduct in ground combat against an armed enemy between 7
December 1941 and 2 September 1945.  This paragraph also stipulates that
for this purpose, an award of the CIB is considered as a citation in
orders.

9.  Paragraph 5-13 of the awards regulation contains guidance on the
European-African-Middle Eastern Campaign Medal.  It states, in pertinent
part, that a bronze service star is authorized with this award for each
campaign a member was credited with participating in while serving in the
ETO.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH was carefully
considered.  However, by regulation, in order to support award of the PH,
there must be evidence that the wound for which the award is being made was
received as a result of enemy action, that it required treatment by
military medical personnel, and a record of this medical treatment must
have been made a matter of official record.

2.  Item 34 of the applicant's WD AGO Form 53-55 contains the entry "None",
which indicates the applicant was never wounded in action.  The PH is not
included in the list of awards contained in Item 33 and the applicant
authenticated this document with his signature in Item 56 on the date of
his discharge.  In effect, his signature was his verification that the
information contained on the separation document, to include the Item 33
and Item 34 entries, was correct at the time the WD AGO Form 53-55 was
prepared and issued.

3.  Further, there are no orders or other documents in the applicant's NPRC
file that show he was ever recommended for or awarded the PH, or that he
was ever treated for a combat-related wound while serving on active duty.
Therefore, absent any independent evidence confirming the applicant was
wounded in action while serving on active duty, the regulatory burden of
proof necessary to support award of the PH has not been satisfied in this
case.

4.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement related to award of the
PH.

5.  The available evidence does show that the applicant received the CIB
while serving in the ETO during World War II.  Therefore, it would be
appropriate to award him the BSM for his exemplary conduct in ground combat
against an armed enemy in the ETO between 7 March 1945 and 2 September
1945.  It further shows that based on his participation in the Central
Europe and Rhineland campaigns, he is entitled to 2 bronze service stars
with his European-African-Middle Eastern Campaign Medal.  The omission of
these awards from his separation document is an administrative matter that
does not require Board action.  Therefore, the Case Management Support
Division (CMSD), St. Louis, Missouri, will administratively correct his
record as outlined in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION
section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JCR __  __DAC __  __QAS __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice related to award of the Purple Heart.  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 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 by awarding him the Bronze Star Medal for his exemplary conduct
in ground combat against an armed enemy in the ETO between 7 March 1945 and
2 September 1945; by showing his entitlement to 2 bronze service stars with
his European-African-Middle Eastern Campaign Medal; and by providing him a
correction to his separation document that includes these changes.




                                  _____Jeffrey C. Redmann___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070005330                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/09/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1946/08/21                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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