IN THE CASE OF: BOARD DATE: 15 February 2011 DOCKET NUMBER: AR20100016722 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 widow of the deceased former service member (FSM), requests, in effect, correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Purple Heart and the Belgian Fourragere. 2. The applicant states she has tried many years to get the FSM's records corrected to show these awards. 3. The applicant provides copies of the FSM's WD AGO Form 53-55; WD AGO Form 100 (Separation Qualification Record); WD AGO Form 55 (Honorable Discharge), dated 8 November 1948; U.S. Army Surgeon General's Office Hospitalization File Listing (SGO File) for 1944; marriage certificate, and the FSM's death certificate. 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 WD AGO Form 53-55 shows in: a. Item 6 (Organization): "HQ & HQ CO 3RD BN, 67 AR" interpreted to indicate Headquarters and Headquarters Company, 3rd Battalion, 67th Armored Regiment; b. Item 32 (Battles and Campaigns): Rhineland, Ardennes, Northern France, Central Europe, Sicily, and Normandy; c. Item 33 (Decorations and Citations) and Item 55 (Remarks): Presidential Unit Citation, European-African-Middle Eastern Theater Campaign [Medal] with six bronze service stars and the Bronze Arrowhead; Good Conduct Medal, and the [World War II] Victory [Medal]; and d. Item 36 (Service Outside Continental U.S. and Return): service in the European Theater of Operations (ETO) from 24 May 1943 to 23 October 1945. 3. 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 document shows the 67th Armored Regiment, 2nd Armored Division served in the ETO during World War II. This pamphlet further shows that during the period of the FSM's assignment with this regiment, it was awarded the following: * General Order 43, dated in 1950: Belgian Fourragere for service on 2 September and again on 21-28 December 1944 * Army of Occupation Medal with Germany Clasp 4. A health record research project, commonly referred to as the "SGO Files," involved transposing the hospital admission card data from World War II onto magnetic tape. In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC). The availability of the information to the NPRC received considerable publicity by the various veterans' service organizations. It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973. 5. The SGO files show the applicant was hospitalized in October 1944 as a battle casualty. He was diagnosed with a ruptured tympanic membrane [ear drum] and acute Nasopharyngitis [inflammation of the passageway for air from the nasal cavity to larynx and for food from the mouth to esophagus], which resulted from the blast effects of an artillery shell. He was discharged in November 1944. 6. Army Regulation 600-8-22 (Military Awards) provides 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. DISCUSSION AND CONCLUSIONS: 1. The applicant contends the FSM's WD AGO Form 53-55 should be corrected to show award of the Purple Heart and the Belgian Fourragere. 2. Records clearly show the FSM was hospitalized as a battle casualty. Therefore, his WD AGO Form 53-55 should be corrected to show the Purple Heart. 3. Records show the FSM's unit was awarded the Belgian Fourragere and the Army of Occupation Medal with Germany Clasp. Therefore, these two awards should be added to his WD AGO Form 53-55. 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 adding the following awards to his WD AGO Form 53-55, the Purple Heart, Belgian Fourragere, and the Army of Occupation Medal with Germany Clasp. _______ _ 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) AR20100016722 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100016722 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1