IN THE CASE OF: BOARD DATE: 17 June 2008 DOCKET NUMBER: AR20080002339 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant, the daughter of the deceased former service member (FSM), requests that her father be awarded the Purple Heart for wounds received during World War II. 2. The applicant states, in effect, that Army records show that her father received a non-battle injury. She contends that her father actually was wounded when riding on the blade of a bulldozer watching for snipers when the bulldozer hit a land mine. He still had shell fragments in his hand when he died. 3. The applicant provides copies of the FSM’s Certificate of Death, Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55), Final Payment Worksheet, extracts of hospital records, unit morning reports, Department of Veterans Affairs (VA) medical claim, statement written by the FSM, and a witness statement. The applicant also provides copies of her birth certificate and a statement from the FSM’s spouse authorizing the applicant to pursue this issue. 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 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 FSM'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. 3. On 28 January 1943, the FSM entered the Army of the United States. He was awarded military occupational specialty (MOS) 078 (Electrician). 4. On 9 October 1943, the FSM departed the United States and arrived in the European Theater of Operations (ETO) on 17 October 1943. He was assigned for duty with Company B, 146th Engineer (Combat) Battalion. 5. On 30 December 1944, the Morning Report for Company B, 146th Engineer Battalion, indicated that the FSM went into the hospital on 29 December 1944. It does not provide any information as to the cause of his injury. 6. Admissions and Disposition Report, 826th Convalescent Center, dated 26 April 1945, shows that the FSM had been admitted for an injury to his hand that was sustained on 28 December 1944. This injury was identified as being non-battle and in the line of duty. 7. On 15 October 1945, the FSM departed the ETO and arrived back in the United States on 25 October 1945. He was subsequently discharged on 31 October 1945. He had attained the rank of technician fifth grade and had completed 2 years, 9 months, and 12 days of creditable active service. 8. Item 33 (Decorations and Citations) of his WD AGO Form 53-55, lists his awards as the Good Conduct Medal, European-African-Middle Eastern Campaign Medal with five bronze service stars and one bronze arrowhead, and the Distinguished Unit Badge [now known as the Presidential Unit Citation]. It does not show award of the Purple Heart. 9. Item 34 (Wounds Received in Action) of his WD AGO Form 53-55, shows "None," indicating that he did not receive any wounds as a result of enemy action. 10. On 29 December 1975, the VA found that the FSM had suffered a fragment wound to his left hand resulting in a scar and a retained foreign body. 11. On 25 September 1996, the FSM made a statement. It states, in part, that on 27 December 1944 he and another Soldier were removing road blocks that the enemy had placed to slow down the United States Army infantry. He was riding on a bulldozer just behind the blade watching for snipers. After pushing down about three of these road blocks, the dozer hit a land mine that was in a road block. He was thrown off by the blast and sustained wounds to his left arm and hand. He was taken to a bombed out building in Eupin, Belgium [aid station]. The next day he was taken to a hospital in Paris, arriving on 1 January 1945. On 4 January he was further taken to a hospital in England. He was released from the hospital and departed England on 7 May 1945 to return to his unit. He arrived at his unit in Pilsen, the former Czechoslovakia, on 12 May 1945. 12. In an undated letter, the operator of the bulldozer on which the FSM was riding when the dozer hit a land mine, stated that "We did alright until we hit a road block with an anti-personnel mine on it. When we hit this mine [the FSM] ended up in the road. It looked like he had a messed up arm and hand. I sent him back to an aid station. That was the last time I saw him until some time in May. He caught up with the outfit in Pilsen, Czechoslovakia. He had spent over 4 months in a hospital in England." 13. 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 medical personnel, and the medical treatment must have been made a matter of official record. 14. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II. This publication shows that the 146th Engineer (Combat) Battalion, during the time of the applicant's assignment, was authorized award of the Army of Occupation Medal with Germany Clasp. 15. Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year. 16. 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. DISCUSSION AND CONCLUSIONS: 1. The FSM’s statement of how he was injured and the statement of the bulldozer operator confirm that the FSM’s injury resulted from an enemy land mine. 2. The available service medical evidence shows that the FSM sustained an injury to his left hand on 27 December 1944 and was hospitalized for treatment. 3. The VA found residual fragments in the FSM’s left hand and granted service- connection for this wound. 4. In view of the above, it is more than reasonable to conclude that the FSM was wounded while riding behind the blade of a bulldozer when it hit a land mine as reported by the bulldozer operator. There is no reason to doubt the statement of the witness who was operating the bulldozer at the time. Therefore, the FSM should be awarded the Purple Heart for wounds received in action on 27 December 1944. 5. Records clearly show that the FSM served during a qualifying period of service for award of the Army of Occupation Medal with Germany Clasp. Therefore, his records should be corrected to show this award. 6. The available evidence clearly shows that the FSM served during a qualifying period for award of American Campaign Medal and the World War II Victory Medal. Therefore, his records should be corrected to show these awards. BOARD VOTE: ___X ___ ___X____ ___X ___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the Purple Heart for wounds received in action on 27 December 1944; and b. showing, that in addition to the awards already shown on his WD AGO Form 53-55, the FSM’s awards include the Purple Heart, Army of Occupation Medal with Germany Clasp, American Campaign Medal, and the World War II Victory Medal. __________ X _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20070016793 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080002339 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1