RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 September 2007
      DOCKET NUMBER:  AR20070006265


      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. William D. Powers             |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Jerome L. 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, the wife of a deceased former service member (FSM),
requests award of the Purple Heart.

2.  The applicant states, in effect, that the FSM was injured in combat on
12 December 1944.  The applicant states, in effect, that the statement from
the commander shows that the applicant’s injury was never pursued because
of combat conditions.

3.  The applicant provides a notarized statement from Mr. W------m M. D---
y, a copy of the FSM's Death Certificate and the FSM's Marriage License, in
support of her 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 FSM's military records are not available for review.  A fire
destroyed approximately 18 million service members’ records at the National
Personnel Records Center in 1973.  It is believed that the FSM’s records
were lost or destroyed in that fire.  However, there were sufficient
documents remaining in a reconstructed record to conduct a fair and
impartial review of this case.

3.  The FSM entered the Army of the United States on 18 February 1941.

4.  On 18 October 1945, the FSM was honorably discharged from active duty
after completing a total of 4 years, 7 months, and 1 day of active military
service.

5.  There is no evidence in the reconstructed records which show that the
applicant sustained injuries as a result of hostile action or that he was
treated for wounds sustained as a result of hostile action.
6.  The notarized statement submitted by Mr. W------m M. D---y, does not
provide an eyewitness account of the applicant being wounded in action as a
result of hostile action.

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 the PH is awarded to any member who has been wounded or killed
in action. A wound is an injury to any part of the body from an outside
force or agent sustained under conditions defined by this regulation.  In
order to support awarding a member the PH, it is necessary to establish
that the wound, for which the award is being made, required treatment by a
medical officer.  This treatment must be supported by records of medical
treatment for the wound or injury received in action, and must have been
made a matter of official record.  This regulation also states that there
are no time limitations on requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM is entitled to award of the Purple
Heart for injuries he sustained while he was in the European Theater of
Operations during WWI.

2.  There are no general orders that show the FSM was awarded the Purple
Heart.  There is no evidence in the reconstructed records which shows that
he was wounded or injured as a result of hostile action or treated for such
wounds. The statements submitted do not provide an eyewitness account of
the applicant being wounded as a result of hostile action.  In the absence
of such evidence, there is insufficient basis to grant award of the Purple
Heart in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__WDP_  ___LMD__  __JLP___  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.




                                    William D. Powers____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070006265                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/09/25                              |
|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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