RECORD OF PROCEEDINGS


         IN THE CASE OF
        

         BOARD DATE: November 25, 2003
         DOCKET NUMBER: AR2003089153

         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor		Chairperson
Ms. Lana E. McGlynn		Member
Ms. Yolanda Maldonado		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, that the record be corrected to show he was wounded in action twice, on 3 January 1945 and 4 January 1945 respectively.

2. The applicant states, in effect, that he received a bullet wound to the right thigh on 3 January 1945. He claims he was wounded a second time on
4 January 1945. He states that the fact he was wounded twice is supported by the Item 33 (Decorations and Citations) separation document (WD AGO Form 53-55) entry “Purple Heart with one cluster.” This he claims indicates a second award of the Purple Heart (PH). He also states that the date of arrival
(25 February 1945) in Item 36 (Service Outside Continental U.S. and Return) is in error, as evidenced by the fact the Battle of the Bulge took place between
16 December 1944 and 15 January 1945.

3. The applicant provides a copy of his WD AGO Form 53-55 and Department of Veterans Affairs (VA) claim documents in support of his application.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1. Counsel requests the applicant’s petition be supported.

2. Counsel provides an appointment form (VA Form 21-22) and a supporting statement (VA Form 21-4138), with copies of accredited representative certification documents in support of the application.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of errors to the WD AGO Form 53-55 he was issued on 27 February 1946. The application submitted in this case is dated 4 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.

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3. 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 considered using reconstructed records, which primarily consist of the applicant’s separation document (WD AGO Form 53-55), Purple Heart orders, and related awards documents.

4. The applicant’s WD AGO Form 53-55 shows that he was inducted into the Army of the United States and entered active duty on 26 March 1944. He continuously served on active duty until being honorably separated on
27 February 1946. This document also confirms that on the date of his discharge, he held the rank of private first class (PFC) and that this was the highest rank he attained while serving on active duty.

5. The applicant’s WD AGO Form 53-55 also confirms that he served with the 335th Infantry Regiment, 84th Division, in the European Theater of Operations (ETO). The date of departure entered in Item 36 is 30 November 1944 and the contested date of arrival is listed as 25 February 1945. Item 32 (Battles and Campaigns) indicates that the applicant participated in the France, Bulge, and Belgium campaigns of World War II. Item 31 (Military Qualifications) also confirms that he earned the Combat Infantryman Badge (CIB).

6. Item 33 of the WD AGO 53-55 contains the following list of awards earned by the applicant during his tenure on active duty: European-African-Middle Eastern Service Medal with two bronze service stars; PH with one cluster (GO 35,
5 February 1945); and Good Conduct Medal. Item (Remarks) also indicates that he was entitled to the World War II Victory Medal and American Theater Ribbon.

7. Item 34 (Wounds Received In Action) of the separation document contains the entry “Near Liege Belgium, 4 January 1944”, the date portion of this entry is also in contention. Item 37 (Foreign Service) shows that the applicant completed a total of 2 months and 25 days of overseas service. Finally, the WD AGO Form 53-55 shows that he was ultimately discharged with a Certificate of Disability.

8. The available evidence includes a copy of General Orders (GO) Number (#) 35, dated 5 February 1945, issued by the 217th General Hospital, ETO. These orders awarded the PH to the applicant, for wounds he received as a result of enemy action on 4 January 1945, in Belgium. There is no oak leaf cluster
(2nd Award) to the PH authorized by these orders. Further, there are no other orders or other documents on file that show the applicant was wounded in action on any other date, to include 3 January 1945, or that he was ever awarded a second PH.

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9. Army Regulation 600-8-22 contains the Army’s awards policy. Paragraph
2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that in order to award a PH there must be evidence that a member was wounded or injured as a result of enemy action. The wound or injury for which the PH is being awarded must have required treatment by a medical officer, this treatment must be supported by medical treatment records that were made a matter of official record.

10. Paragraph 3-13 of the awards regulation outlines the criteria for the award of the Bronze Star Medal (BSM). Paragraph 3-13d (2) states, in effect, that the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between
7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement was otherwise confirmed by documents executed prior to 1 July 1947. This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders.

11. Paragraph 5-12 of the awards regulation contains guidance on the European-African-Middle Eastern Campaign Medal, and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the ETO. Table B-1 contains a complete list of authorized campaigns, service requirements, and inscriptions prescribed for streamers. The list of World War II campaigns does not list France, Bulge, and Belgium, as indicated on the applicant’s WD AGO Form 53-55. Credit for participation in various battles is incorporated into one of the Army authorized campaigns.

12. Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II. This source confirms that during his tenure of assignment, the applicant’s unit (335th Infantry Regiment, 84th Division) received credit for participation in the Rhineland and Ardennes-Alsace campaigns of World War II.

DISCUSSION AND CONCLUSIONS:

1. The applicant’s contention that his separation document contains several errors was carefully considered. It is determined that although all the specific assertions of the applicant were not supported by the evidence, there were errors in the record that should be corrected.

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2. The evidence of record confirms that the applicant was awarded the
PH, for wounds he received as a result of enemy action on 4 January 1945,
in Belgium. As a result, the year in the date entered in Item 34 of his
WD AGO Form 53-55 should be corrected to read “1945” vice 1944.

3. However, there is no evidence to support the applicant’s claim that he was wounded in action on 3 January 1945. Although the PH entry in Item 33 of his WD AGO Form 53-55 indicates it was awarded with cluster, GO #35, the source authority for this entry, only authorized the applicant the PH for wounds received on 4 January 1945. A second PH or oak leaf cluster was not authorized in these orders. As a result, there is an insufficient evidentiary basis to support award of a second PH to the applicant.

4. The 25 February 1945 date entered as the date of arrival in Item 36 of the applicant’s WD AGO Form 53-55 is obviously in error. It is clear the applicant arrived in the ETO prior to 4 January 1945, the date he was wounded in action in Belgium. However, there is no information or evidence on file that would allow establishment of a valid date to enter in this item. Therefore, it would be appropriate to delete the current entry, but not to replace it with another date.

5. In addition, the entry in Item 32 of the applicant’s WD AGO Form 53-55 likely refers to valid battles or actions the applicant participated in; however, they are not valid record entries. Credit for all World War II battles and actions was incorporated into Army established campaigns. In the applicant’s case, the evidence shows that he is entitled to campaign credit for the Ardennes-Alsace and Rhineland campaigns of World War II. Therefore, the current entries in Item 32 should be deleted and replaced with these campaigns.

6. Further, by regulation soldiers who received the CIB between 7 December 1941 and 2 September 1945 are entitled to receive the BSM. Thus, it would be appropriate to add this award to the applicant’s record at this time.

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BOARD VOTE:

_LEM___ __YM__ __RO__ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a. amending his 27 February 1946 WD AGO Form 53-55 as follows:
Item 32, correct to read “Ardennes-Alsace Rhineland” vice France, Bulge, Belgium; Item 34, correct to read “Near Liege Belgium 4 January 1945” vice Near Liege Belgium 4 January 1944; Item 36 delete current date of arrival entry; and

b. based on his having earned the Combat Infantryman Badge, by awarding him the Bronze Star Medal, for exemplary conduct in ground combat against an armed enemy while serving in the European Theater of Operations during World War II.

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 correcting the record to show the individual concerned was wounded in action on 3 January 1945 and that he was entitled to a second award of the Purple Heart.





                  Raymond V. O’Connor
                  CHAIRPERSON

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INDEX

CASE ID	AR2003089153
SUFFIX
RECON
DATE BOARDED	2003/12/DD
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1946/02/27
DISCHARGE AUTHORITY	AR 615-361
DISCHARGE REASON	Certificate of Disability
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 1021	100.0000
3.
4.
5.
6.