RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 October 2007
      DOCKET NUMBER:  AR20070006397


      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:

|     |Ms. Susan A. Powers               |     |Chairperson          |
|     |Mr. Edward E. Montgomery          |     |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, he was informed that he qualified for
the PH.  He states he entered the combat zone in December 1945, and served
until the end of combat in May 1946.  He states he was injured somewhere in
Central Europe during his combat service.

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) and other documents
remaining in his NPRC file.

3.  The applicant's WD AGO Form 53-55 shows that he was inducted into the
Army and entered active duty on 18 September 1944 and that he continuously
served on active duty until being honorably discharged on 6 June 1946, in
the rank of sergeant, after completing a total of 1 year, 8 months, and 19
days of creditable active military service.
4.  The applicant's WD AGO Form 53-55 also confirms he served in the
European Theater of Operations (ETO), with Service Company, 385th Infantry
Regiment, from 13 February 1945 to 19 August 1945; he received the Combat
Infantryman Badge (CIB); and he participated in the Central Europe and
Rhineland campaigns of World War II.

5.  Item 33 (Decorations and Citations) of the applicant's separation
document shows he earned the European-African-Middle Eastern Campaign Medal
with
2 bronze service stars, Army Good Conduct Medal, Army Occupation Medal with
Germany Clasp, World War II Victory Medal and 1 Overseas Service Bar.  Item
34 (Wounds Received in Action) contains the entry "None" and the applicant
authenticated the separation document with his signature, in Item 56
(Signature of Person Being Separated), on the date of his separation, on 6
June 1946.

6.  There are no orders or other documents in the applicant's reconstructed
NPRC file that show he was ever recommended for or awarded the PH by proper
authority, or that he was ever treated for a combat-related wound by
military medical personnel while he was serving on active duty.

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 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.  Paragraph 2-8h contains
examples of injuries or wounds which clearly do not justify award of the
PH.  This list includes battle fatigue, disease not directly caused by
enemy agents, and post traumatic stress disorders.

8.  Paragraph 3-13 of the awards regulation outlines the criteria for award
of the 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is eligible for the PH based on an
injury he received in the ETO was carefully considered.  However, by
regulation, in order to support award of the PH, there must be evidence
that the wound or injury 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.

2.  The applicant's separation document does not include the PH in the list
of awards contained in Item 33, and Item 34 contains the entry “None”,
which indicates he was never wounded as a result enemy action.  The
applicant authenticated the separation document with his signature in Item
56 on the date of his separation.  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.  Absent any evidence confirming that the applicant was wounded as a
result of enemy action, or that he was ever recommended for or 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.  As a result, in the interest of all those who served during
World War II and who faced similar circumstances, it would not be
appropriate to grant the requested relief in this case.  This decision in
no way diminishes the quality of the applicant's
World War II service.

4.  The evidence does show that based on his receipt of the CIB, the
applicant is entitled to the BSM, for his exemplary conduct in ground
combat against an armed enemy between 13 February 1945 and 19 August 1945,
based on his receipt of the CIB.  The omission of this award 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 the applicant's record as outlined
in paragraph 2 of the
BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_SAP____  __EEM___  _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 to show his entitlement to the Bronze Star Medal, for his
exemplary conduct in ground combat against an armed enemy between 13
February 1945 and 19 August 1945, based on his receipt of the Combat
Infantryman Badge; and by providing him a correction to the separation
document that includes this award.




                                      _Susan A. Powers__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070006397                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/09/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/06/06                              |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |Demobilization                          |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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