RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 February 2003
         DOCKET NUMBER: AR2003090148


         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. Paul Wright		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Richard T. Dunbar		Member
Ms. Linda M. Barker		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 that his deceased father's, hereafter referred to as the former servicemember (FSM), WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) be corrected to show award of the Purple Heart (PH).

2. The applicant, the FSM's son, states that the family wants to have the PH inscribed on the FSM's grave marker.

3. The applicant provides: a copy of the FSM's WD AGO Form 53-55; a copy of the FSM's death certificate; a letter, dated 2 October 2001, from the Department of Veterans Affairs; and a Standard Form 180 (Request Pertaining to Military Records), dated 15 April 2003.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error or injustice which occurred on 12 July 1945. The application submitted in this case is dated 15 April 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.

3. 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.

4. The available records indicate the FSM was inducted into the Army of the United States on 2 September 1942. He was awarded military occupational specialty (MOS) 7745, Paratrooper, and assigned to the 1st Special Service Force, activated as a joint Canadian-American unit on July 9, 1942 and a forerunner of today's Special Forces (Green Berets).

5. The FSM participated in the August 1943 Aleutian Campaign to secure the islands of Kiska, Little Kiska, and Segula from Japanese control. Thereafter, the FSM and his unit were transferred to the European Theater of Operations where he participated in three campaigns -- Naples - Foggia, Rome - Arno, and Southern France. Item 34 of the FSM's WD AGO Form 53-55 indicates that he was wounded in action on 25 August 1944 in Southern France. This is confirmed by the US Army Surgeon General's Office Hospitalization File Listing which shows that he became a battle casualty on that date.

6. The FSM was medically evacuated to the United States, returning there on or about 16 October 1944. He spent approximately 321 days in the hospital before being honorably discharged. His WD AGO Form 53-55 shows that he was awarded the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with three bronze service stars, the Asiatic-Pacific Campaign Medal with one bronze service star, and the Combat Infantryman Badge.

7. Army Regulation (AR) 600-8-22 (Military Awards) provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record. The FSM met all of the above criteria.

8. AR 600-8-22 also provides, in pertinent part, that the Bronze Star Medal (BSM) 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. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

9. AR 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal (WWII Victory Medal). It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

10. AR 600-8-22 provides, in pertinent part, for award of the American Campaign Medal (ACM). This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service includes permanent assignment outside the Continental United States, 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.
11. AR 600-8-22, in pertinent part, sets forth requirements for award of the Parachutist Badge. Award of the Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.

12. 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 unit to which the FSM was assigned participated in the 15 August 1944 assault landings during the Southern France Campaign. He is entitled to award of the Arrowhead Device denoting such participation.

13. Item 36 of the FSM's WD AGO Form 53-55 appears to have an error in the last entry in that it shows departure to USA on 15 October 1943 and arrival on 16 October 1943. This conflicts with the previous entry and with the known history of the FSM's service during World War II. Based on the available information contained in hospitalization records, the FSM was wounded in Southern France on 25 August 1944, thus he could not have departed the European Theater on 15 October 1943. Additionally, mathematical calculations contained in Item 37 (Foreign Service) support that the FSM most likely left the European Theater on 15 October 1944, arriving in the United States on 16 October 1944.

DISCUSSION AND CONCLUSIONS:

1. The evidence of record indicates that the FSM was wounded as a result of hostile fire action on 25 August 1944. Therefore, he is entitled to have the PH added to his separation document.

2. The FSM was awarded the CIB during World War II and therefore he meets the criteria for the award of the Bronze Star Medal and consequently he is entitled to have this award added to his separation document.

3. The FSM served within the time frame that authorized the World War II Victory Medal. Therefore, he is entitled to have this award added to his separation document.

4. The FSM served within the time frame that authorized the American Campaign Medal. Therefore, he is entitled to have this award added to his separation document.

5. Based on the available records it appears the FSM completed the requirements for airborne school in that he was awarded MOS 7745, Paratrooper. Therefore, he is entitled to have the Parachutist Badge added to his separation document.

6. The FSM is entitled to wear an Arrowhead Device on his European-African-Middle Eastern Campaign Medal to denote his participation in an assault landing.

7. Item 36 contains an obvious error in the last entry for return to the continental United States. Therefore, it should be corrected to show departure on 15 October 1944 and arrival on 16 October 1944 vice 15 October 1943 and 16 October 1943.

BOARD VOTE:

__jns___ __rtd___ __lmb___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 showing:

1. The FSM is entitled to the award of the Purple Heart, the Bronze Star Medal, the World War II Victory Medal, the American Campaign Medal, the Parachutist Badge, an Arrowhead Device for his European-African-Middle Eastern Campaign Medal; and

         2. By correcting Item 36 of the FSM's WD AGO Form 53-55 to show the dates 15 October 1944 and 16 October 1944 vice 15 October 1943 and 16 October 1943.




                           John N. Slone
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003090148
SUFFIX
RECON
DATE BOARDED	20040210
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0014
3.	107.0066
4.	107.0063
5.	107.0120
6.	100.0000