RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  15 January 2004
	DOCKET NUMBER:  AR2003088871

	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. Carl W. S. Chun		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Allen L. Raub		Member	

	The applicant and counsel if any, did not appear before the Board.

	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 all authorized awards be shown of his discharge document.

2.  The applicant states that he was wounded over his right eye while in combat in Germany in April 1945.  The treating medic said he would turn him in for the Purple Heart but the medic must have been killed.  After he knocked out an enemy position his sergeant said he would get the Bronze Star Medal.

3.  The applicant provides a copy of his WD-AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error, which occurred on 2 December 1945, the date of his discharge.  The application submitted in this case is dated 18 March 2003.

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 limitation 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.  Reconstructed records available to the Board were obtained from alternate sources and show that he was inducted and entered active duty on 8 June 1944 and was trained as a heavy machinegun crewman.

4.  The applicant served in the European-African-Middle Eastern Theater from 7 January through 14 September 1945 where he served with the 179th Infantry Regiment during two campaigns.  He was discharged from active duty in the rank of private first class effective 2 December 1945.

5.  His WD AGO Form 53-55, which he authenticated with his signature and right thumbprint, shows that he was awarded the Combat Infantryman Badge (CIB) but does not list the Bronze Star Medal or the Purple Heart as authorized awards. Block 34 (Wounds Received in Action) states "None".

6.  There are no medical records available to show that he was treated for a wound or injury as a result of enemy action and no orders or recommendations for award of the Bronze Star Medal.

7.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, occupation credit during World War II.  This document shows the unit to which the applicant was assigned received occupation credit for Germany for the period from 2 May to 5 July 1945 and thus provides entitlement to the Army of Occupation Medal with Germany clasp.

8.  Army Regulation 600-8-22 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 CIB 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 the CIB for service during World War II.

9.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  The applicant participated in two campaigns and is authorized two bronze service stars for the European-African-Middle Eastern Campaign Medal.

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record available that shows that the applicant was wounded or treated for wounds due to hostile action.  The statement from the applicant in support of his claim for award of the Purple Heart is noted.  However, absent any other corroborating evidence of record and in view of the applicant's own signature authenticating that he received no wounds in action, his statement alone, over 50 years after the fact, are not sufficient as the basis for award of the Purple Heart.

2.  There is sufficient evidence of record to show that the applicant is entitled to the Bronze Star Medal based on award of the CIB, the Army of Occupation Medal with Germany clasp, and two bronze service stars for the European-African-Middle Eastern Campaign Medal.

3.  Records show the applicant should have discovered the error or injustice now under consideration on 2 December 1945.  However, the ABCMR was not established until 2 January 1947.  As a result, the time for the applicant to file a request for correction of any error or injustice expired on 2 January 1950.  However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse the failure to timely file.

4.  Evidence shows that the applicant’s records contain administrative error, which does not require action by the Board.  Therefore, the Case Management Support Division (CMSD), St. Louis, Missouri, will accomplish administrative correction of the applicant's records as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__mp___  ___wp__  ___ar___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested concerning the Purple Heart, and therefore, it would not 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.

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 the Bronze Star Medal based on award of the CIB, the Army of Occupation Medal with Germany clasp, and two bronze service stars for the European-African-Middle Eastern Campaign Medal.

		____Margaret K. Patterson__
		        CHAIRPERSON

INDEX

CASE ID	AR2003088871	
SUFFIX		
RECON		
DATE BOARDED	20040115	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY W/ Note	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.