IN THE CASE OF: BOARD DATE: 23 July 2015 DOCKET NUMBER: AR20140019441 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 a deceased former service member (FSM), requests correction of her father's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to add: * two missing campaigns (Sicily and Anzio) * two additional bronze service stars to his previously awarded European-African-Middle Eastern Campaign Medal with "5" bronze service stars * two additional awards of the Purple Heart * Army of Occupation Medal (Germany) * American Campaign Medal 2. The applicant states, during World War II (WWII), the FSM was assigned to Company A, 30th Infantry Regiment, 3rd Infantry Division from North Africa to Germany. The FSM died a short time ago and the applicant reviewed the FSM's service records. During her review she discovered several incorrect and missing citations. a. The Sicily and Anzio campaigns are missing from his WD AGO Form 53-55. The FSM fought with Company A during the amphibious assault at Blue Beach, Gela in Sicily and fought with the 30th Infantry Regiment through Palermo to Messina. He was also in the initial invasion force at Anzio Beach and was shot in the face at Nettuno, Italy. He was evacuated from Anzio to Naples (300th General Hospital) to have his face rebuilt. He received a Purple Heart for this wound (Medal Number 168951). He returned to active service less than 1 month later. He should have received campaign credit for seven campaigns on his European-African-Middle Eastern Campaign Medal (seven bronze service stars). b. The FSM was wounded by enemy fire on two other occasions during WWII, yet these wounds were not recognized. The back of his skull was injured during the invasion of Southern France. He was also injured during the events that earned him the Silver Star, when he took mortar shrapnel near his spine, hands, and legs. The shrapnel was not removed until 15 years later. He testified to this during a Department of Veterans Affairs (VA) hearing on 22 March 1989. c. The FSM's record should also include the Army of Occupation Medal with Germany Clasp. He was stationed at Schloss Klesshiem (Salzburg) on 8 May 1945, when Germany surrendered, and he remained in Germany (Bad Wildungen) through late October/early November until he was shipped home to Camp Atterbury, Indiana on 7 November 1945. d. His military record should also include the Americal Campaign Medal for serving more than two and a half years of continuous combat in the European theater. e. The FSM was a very simple man who never sought recognition for his contributions, nor did he seek help for his wounds until very late in his life. Nevertheless, he was a legitimate war hero and his record should reflect the appropriate honor given for the multiple times he paid the price during his two and a half years of combat. 3. The applicant provides: * her birth certificate * her marriage license * General Orders (GO) Number 6, dated 16 February 1944 * GO Number 212, dated 16 June 1945 * excerpts from the FSM's WD AGO Form 53-55 * testimony taken during a VA hearing on 22 March 1989 * a self-authored statement, dated 25 August 2014 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 complete military records are not available 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 to conduct a fair and impartial review of this case. 3. The FSM was inducted into the Army of the United States on 18 March 1943 and entered active duty in Cincinnati, Ohio on 25 March 1943. He held military occupational specialty 745 (Rifleman) and attained the rank of staff sergeant. He departed the Continental United States (CONUS) on 13 October 1943 and arrived in the European Theater of Operation (ETO) on 4 November 1943. 4. GO Number 6, issued by Headquarters, 300th General Hospital on 18 February 1944 shows, the FSM, as a member of Company A, 30th Infantry Regiment, was awarded the Purple Heart (Medal Number 168951) for wounds he received in action on 25 January 1944, near Nettuno, Italy. a. His record does not contain nor has the applicant provided additional awards of the Purple Heart. b. His record does not contain nor has the applicant provided any evidence that shows the FSM received any other injuries as a result of hostile enemy action and that these injuries required medical treatment and that the medical treatment was made a matter of official record. 5. GO Number 212, issued by Headquarters, 3rd Infantry Division on 16 June 1945 shows, the FSM, as a member of Company A, 30th Infantry Regiment, was awarded the Silver Star "for gallantry in action. When enemy snipers and a machine gun held up the advance of his company into Nurnberg, Germany on the afternoon of 19 April 1945, [the FSM] advanced 25 yards, to an exposed position within 400 yards of the enemy and set up a 60 mm mortar. Under strong enemy fire which hit within a yard of him, [the FSM] fired numerous shots into their position, inflicting 11 casualties, causing 10 to surrender, and neutralizing the enemy machine gun." 6. His WD AGO Form 53-55 shows he departed the ETO on 23 October 1945 and arrived in CONUS on 2 November 1945 and was subsequently honorably discharged from active duty at Camp Atterbury, Indiana on 7 November 1945. At the time of his discharge his organization was listed as Headquarters Battery, 965th Field Artillery Battalion. He was credited with the completion of 2 years, 6 months, and 13 days of active service, of which, 2 years and 20 days were credited as foreign service. Additionally: a. he received campaign credit for participating in five campaigns: * Naples-Foggia * Rome-Arno * Southern France * Rhineland * Central Europe b. he was awarded or authorized the: * Combat Infantryman Badge * European-African-Middle Eastern Campaign Medal with five bronze service stars and a bronze arrowhead device * Army Good Conduct Medal * Purple Heart * Silver Star * Distinguished Unit Badge * Croix De Guerre * Lapel Button 7. The applicant provides the transcript of testimony taken during a VA hearing on 22 March 1989. The hearing was convened to address the issues the FSM had been having with his hearing. During this hearing, the FSM and his representative mentioned: a. The FSM was on the Anzio beachhead. They were told to attack a position, to take two houses and a big ravine. While they were attacking there was a lot of artillery fire, mortars, and "88s" coming in and one "got [him] through the chin." For this injury he was awarded the Purple Heart. b. On D-Day, in Southern France, he "got hit in the back of the head in [his] helmet which made a dent in it, [leaving him] with a big knot on [his] head… [he] went back to the first aid, which they operated on [him]" by stitching up the wound in his head and he went back into the battle again. The FSM, his representative, and VA personnel acknowledged this incident/wound was not in his military medical records. c. His representative mentioned that he also received a shrapnel wound to his spine, which was also not part of his medial record. The FSM stated medical personnel did not remove the shrapnel. He was told it would work itself out, and it did. Sometime during the 1960s it worked its way to the surface and his private physician was able to remove the shrapnel. 8. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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. 9. Army Regulation 600-8-22 states 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 states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. 11. Army Regulation 600-8-22 states the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility. a. For award of the Army of Occupation Medal with Germany Clasp qualifying service must have occurred between 9 May 1945 and 5 May 1955. Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945. The Army of Occupation Medal with Germany Clasp is also for authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1945. b. The Army of Occupation Medal with Germany Clasp is also authorized for the Army of Occupation of Austria between 9 May 1945 and 27 July 1955. Service between 9 May and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945. 12. Army Regulation 600-8-22 states the American 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, or 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 1 year. 13. Army Regulation 600-8-22 states: a. a bronze service star is worn on the appropriate service ribbon, to include the European-African-Middle Eastern Service Medal, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. b. The arrowhead is authorized for wear on this medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing, while assigned or attached as a member of an organized force carrying out an assigned tactical mission. Should a unit be denied assault credit, no assault credit will accrue to the individual Soldiers of that unit. It is worn on the service and suspension ribbons of the Asiatic-Pacific Campaign, European-African-Middle Eastern Campaign, Korean Service Medal, Vietnam Service Medal, Armed Forces Expeditionary Medal, and the Global War on Terrorism Expeditionary Medal. Only one arrowhead will be worn on any ribbon. 14. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during WWII. This pamphlet shows the 30th Infantry Regiment, 3rd Infantry Division: a. received campaign participation credit for the following campaigns: * Algeria-French Morocco (8 November 1942 to 11 November 1942) * Anzio (22 January 1944 to 24 May 1944) * Ardennes-Alsace (16 December 1944 to 25 January 1945) * Central Europe (22 March 1945 to 11 May 1945) * Naples-Foggia (9 September 1943 to 21 January 1944) * Rhineland (15 September 1944 to 21 March 1945) * Rome-Arno (22 January 1944 to 9 September 1944) * Sicily (9 July 1943 to 17 August 1943) * Southern France (15 August 1944 to 14 September 1944) * Tunisia (17 November 1942 to 13 May 1943) b. was awarded the Distinguished Unit Citation for the period 22 January 1945 to 22 January 1945, by GO Number 44, dated 1945. c. was credited with the following assault landings: * Fedala, North Africa for the period 8 November 1942 to 10 November 1942, by GO Number 70, dated 1945 * Lieata, for the period 9 July 1943 to 11 July 1943, by GO Number 70, dated 1945 * Anzio, for the period 22 January 1944 to 23 January 1944, by GO Number 70, dated 1945 * Southern France, for the period 15 August 1944 to 16 August 1944, by GO Number 70, dated 1945 d. was cited for the French Fourragere for the period 15 August 1944 to 6 February 1945, by GO Number 43, dated 1950. e. was awarded occupation credit for: * Germany during the period 2 May 1945 to 19 May 1945 and 15 August 1945 to 31 October 1945 * Austria during the period 20 May 1945 to 14 August 1945 DISCUSSION AND CONCLUSIONS: 1. The fact that a Soldier served or fought a battle in a specific area, such as Sicily, is not enough to be credited with campaign credit. In order to be credited with campaign credit, the unit must be awarded campaign credit and the Soldier must have been part of that unit during the period for which campaign credit was awarded. Furthermore, each of the campaigns for which campaign credit can be earned occurs during a specific date. a. The Unit Citation and Campaign Participation Credit Register establish the eligibility of units for campaign participation credit during WWII. This register shows the FSM's unit, the 30th Infantry Regiment, 3rd Infantry Division was in fact awarded campaign credit for Sicily. The Sicily campaign took place from 9 July 1943 to 17 August 1943. b. The FSM was not yet part of this unit, nor had he even arrived in the ETO during the period of this campaign; therefore, he is not entitled to campaign credit for Sicily. c. However, his unit was awarded campaign credit for the Anzio (22 January 1944 to 24 May 1944) and Ardennes-Alsace (16 December 1944 to 25 January 1945) and he was a member of the, the 30th Infantry Regiment, 3rd Infantry Division during both periods of time. As such, he is entitled to campaign credit for the Anzio and Ardennes-Alsace campaigns. 2. The evidence of record shows the FSM participated in seven campaigns during his service in WWII. Therefore, he is entitled to correction of his WD AGO Form 53-55 to show his European-African-Middle Eastern Campaign Medal with one silver and two bronze service stars and a bronze arrowhead device. 3. The applicant's sincerity in her contention that the FSM is entitled to two additional awards of the Purple Heart is not in question. The FSM's record reflects that he was indeed a hero. Unfortunately, she has not provided and his record does not contain any evidence that shows the additional injuries the FSM mentioned during his VA hearing were the direct result of hostile enemy action, that these wounds were treated by medical officials, and that such treatment was made a matter of official record. a. While this, regulatory response may seem convoluted, it means that if the injuries were not treated by official authorized medical personnel at the time, and documented as a combat injury incurred as a direct result of hostile enemy action the Purple Heart may not be awarded retroactively. The primary reason for this is that, as time passes, without such documentation, it becomes impossible for the awards issuing authority to determine whether or not the injury was caused by the enemy or as a result of an accident not involving enemy action. b. There was insufficient evidence presented with the applicant's request to justify additional awards of the Purple Heart. 4. The FSM's total cumulative service in the American Theater of Operations was 5 months and 23 days. He completed 2 years and 20 days of foreign service in the ETO. In order to qualify for the American Campaign Medal he would have had to complete at least a 1-year period of aggregate service in the United States/American Theater of Operations. As such, he does not meet the criteria for award of the American Campaign Medal. 5. The FSM's award of the Combat Infantryman Badge automatically entitles him to award of the Bronze Star Medal. Therefore, he is entitled to correction of his WD AGO Form 53-55 to add the Bronze Star Medal. 6. GO awarded the 30th Infantry Regiment, 3rd Infantry Division the Army of Occupation Medal with Germany clasp and the French Fourragere during his period of his assignment. Therefore, he is entitled to correction of his WD AGO Form 53-55 to add these unit awards. 7. The FSM served during a qualifying period for award of the World War II Victory Medal. Therefore, he is entitled to correction of his WD AGO Form 53-55 to add this award. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __X______ __X______ __X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to item 32 (Battles and Campaigns) of his WD AGO Form 53-55 the Anzio and Ardennes-Alsace campaigns; b. deleting from item 33 (Decorations and Citations) of his WD AGO Form 53-55 the European-African-Middle Eastern Campaign Medal with 5 bronze service stars and a bronze arrowhead device; and c. adding to item 33 of his WD AGO Form 53-55 the: * Bronze Star Medal * European-African-Middle Eastern Campaign Medal with one silver and two bronze service stars and a bronze arrowhead device * World War II Victory Medal * French Fourragere * Army of Occupation Medal with Germany Clasp 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to second or third awards of the Purple Heart, the American Campaign Medal, and campaign credit for Sicily. ___________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) AR20140019441 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140019441 10 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1