RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 03 NOVEMBER 2005 DOCKET NUMBER: AR20050001218 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. Ronald DeNoia Analyst The following members, a quorum, were present: Mr. Thomas Howard Chairperson Mr. John Infante Member Ms. Carmen Duncan 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). ABCMR Record of Proceedings (Cont) AR20050001218 THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests the award of the Purple Heart and the Medal of Honor. 2. The applicant states that he was wounded and captured on 10 October 1944. He also states that neither his capture nor his injury is on record; however X-rays taken in the VA Hospital in Amarillo, Texas show he still has shrapnel in his right leg. The applicant further states that he was ordered to cross enemy lines and was promised a Congressional Medal of Honor. 3. The applicant provides a self-authored, notarized statement; a WD AGO Form 53-55; an Honorable Discharge Certificate; and a letter from the Veteran's Advocate Office. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 20 October 1945. The application submitted in this case is dated 5 January 2005. 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 was inducted into the Army on 6 December 1941. Upon completion of basic training and advanced individual training he was awarded the military occupational specialty (MOS) 677 (Military Policeman). He served in the European Theater of Operation (ETO) during World War II from 28 March 1944 through 31 May 1945. 4. 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 in 1973. It is believed that the applicant’s records were lost or destroyed in that fire. This case is being reviewed using documents submitted by the applicant. 5. Item 34 (Wounds Received in Action) of the applicant's WD AGO 53-55 shows the entry "None." 6. Item 31 (Military Qualifications) of the applicant's WD AGO 53-55 shows the entry "Combat Infantryman Badge." 7. Army Regulation 15-185 governs the operations of the ABCMR. Paragraph 2-5 of this regulation states that the ABCMR will not consider an application until an applicant has exhausted all administrative remedies to correct the alleged error or injustice. The applicant must submit a DA Form 638, Recommendation for Award to the Service concerned. The award of the Medal of Honor exceeds the time limitations governing awards. However, Section 1130 of Title 10, United States Code, allows the Service concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy. Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents. Corroborating evidence is best provided by commanders, leaders and fellow soldiers who had personal knowledge of the circumstances and events relative to the request. The law also requires that a request of this nature be referred to the Service Secretary from a Member of Congress. Since the applicant has not exhausted all administrative remedies for award of the Medal of Honor, the ABCMR cannot take any further action at this time. 8. 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. 9. 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 Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. 10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the World War II Victory Medal. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. 11. Army Regulation 600-8-22 provides, in pertinent part, for award of the Prisoner of War Medal. The regulation states that the Prisoner of War Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive. 12. Army Regulation 635-5 (Separations Document) establishes the standardized policy for preparing and distributing discharge documents. In pertinent part, it directs that, in the case of prisoners of war, the unit of assignment, country and dates of capture and release will be entered in the “Remarks” section of the discharge document. 13. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Medal of Honor is awarded by the President in the name of Congress to a person who, while a member of the Army, distinguishes himself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty while engaged in an action against an enemy of the United States. The deed performed must have been one of personal bravery or self-sacrifice so conspicuous as to clearly distinguish the individual above his comrades and must have involved risk of life. Incontestable proof of the performance of the service is required. DISCUSSION AND CONCLUSIONS: 1. 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. 2. There is insufficient evidence to show that the applicant met the criteria for the award of the Purple Heart. Available records do not show the applicant was wounded and he has stated that the incident was not made a matter of record; therefore, there is no basis to grant relief in this case. 3. Based on the award of the Combat Infantryman Badge, the applicant is entitled to award of the Bronze Star Medal for his service in World War II and his WD AGO Form 53-55 should be corrected to show this award. 4. Based on a qualifying period of service the applicant is also entitled to award of the World War II Victory Medal. Therefore, his WD AGO Form 53-55 should be corrected to show this award. 5. The applicant has stated that there is no record of his capture and there is no evidence to show he was a prisoner of war. Therefore, there is no basis to award the Prisoner of War Medal. 6. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below. 7. Records show the applicant should have discovered the alleged error or injustice now under consideration on 20 October 1945, the date of his separation from active duty. 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 1 January 1950. The applicant did not file within the 3-year statute of limitations, however, it is appropriate to waive failure to timely file 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 __TH ___ ___JI ___ ____CD_ DENY APPLICATION (W/NOTE) BOARD DETERMINATION/RECOMMENDATION: 1. 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. 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 and World War II Victory Medal. _____Thomas Howard_______ CHAIRPERSON INDEX CASE ID AR20050001218 SUFFIX RECON DATE BOARDED 20051103 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY-W/NOTE REVIEW AUTHORITY AR 15-185 ISSUES 1. 107.0015.0000 2. 3. 4. 5. 6.