RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 January 2004
         DOCKET NUMBER: AR2003090535

         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. Arthur A. Omartian		Chairperson
Mr. Lester Echols		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 he be awarded the Purple Heart (PH).

2. The applicant states, in effect, that he believes he is entitled to the PH. He states that he has found two buddies from his prisoner of war (POW) camp that can confirm he was wounded prior to being captured and becoming a POW.

3. The applicant provides two third-party statements in support of his request.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error or injustice that occurred during his active duty service, which ended on 22 November 1945. The application submitted in this case is dated 13 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 applicant’s military records were 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 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) and the third-party statements he provided.

4. The WD AGO Form 53-55 issued to the applicant on the date of his discharge shows that he was inducted into the Army of the United States and entered active duty on 11 January 1943. He continuously served on active duty until being honorably separated on 22 November 1945.

5. The applicant’s WD AGO Form 53-55 also shows that the applicant served in the European Theater of Operations (ETO) from 24 October 1944 through sometime in May 1945, and that he was assigned to the 423rd Infantry Regiment, 106th Infantry Division. It also shows that he participated in the Ardennes, Rhineland, and Central Europe campaigns of World War II.

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6. The applicant’s WD AGO Form 53-55 further shows that he earned the following awards during his tenure on active duty: European-African-Middle Eastern Service Medal with 3 bronze service stars; Good Conduct Medal; Soldier’s Medal; and World War II Victory Medal. Item 34 (Wounds Received in Action) of this document contains the entry “None.” Item 40 (Reason and Authority for Separation) contains an entry that indicates the applicant was separated under special POW provisions.

7. A War Department letter on file, dated 26 April 1946, awarded the applicant the Combat Infantryman Badge (CIB) , effective 21 December 1944. This letter was signed by The Adjutant General.

8. The applicant’s record contains a copy of a DA Form 1577, dated
14 November 1986, issued by the Department of the Army (DA), Army Reserve Personnel Center (ARPERCEN), St. Louis, Missouri. This document shows that he was issued the following awards that had not been previously entered on his
WD AGO Form 53-55: Bronze Star Medal (BSM); American Campaign Medal (ACM); Army of Occupation Medal (AOM) with Germany Clasp; and CIB. A note contained on the DA Form 1577 stated that the BSM had been awarded based on the applicant’s receipt of the CIB.

9. The applicant provides two third-party statements from soldiers of his unit who served with and were taken prisoner with him while serving in the ETO during World War II. These statements indicate that the applicant received a shrapnel wound to the right arm from a mortar fragment while engaged in action against enemy forces on 21 December 1944. They further indicate that there was no way that wounded individuals could return to the rear for treatment, and no records were kept because shortly thereafter they were captured and taken to a POW camp in Germany.

10. Army Regulation 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 the wound was the result of hostile action; the wound required medical treatment; and the medical treatment was made a matter of official record.

11. Paragraph 2-8f of the awards regulation states that for those who became Prisoners of War after 25 April 1962, the PH will be awarded to individuals wounded while prisoners of foreign forces, upon submission by the individual to the Department of the Army of an affidavit that is supported by a statement from a witness, if this is possible.

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12. The National Defense Authorization Act (NDAA) of 1996, authorized award of the PH retroactively to any former POW who was wounded before 25 April 1962, while being held as a POW or while being taken captive under the same standard as those wounded prior to 25 April 1962, as originally authorized.

13. Paragraph 2-9 of the awards regulation contains guidance on award of the POW Medal. The POW Medal is authorized for any person who was taken prisoner and held captive after 5 April 1917.

14. Paragraph 3-13 of the awards regulation outlines the criteria for the award of the 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.

15. Paragraph 5-10 of the same regulation contains the policy for awarding the AOM. It states, in pertinent part, that it is awarded for service for 30 consecutive days in Germany between 9 May 1945 and 5 May 1955. It stipulates that 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.

16. Paragraph 5-14 of the awards regulation contains the policy for awarding the ACM. It states, in pertinent part, that it is awarded to individuals who served an aggregate period of 1 year within the continental limits of the United States between 7 December 1941 and 2 March 1946.

17. Chapter 8 of the awards regulation contains guidance on awarding Badges and Tabs. Paragraph 8-6 contains the criteria for awarding the CIB. It states, in pertinent part, that during World War II it was awarded to infantrymen serving with infantry units of brigade, regimental or smaller size, for exemplary conduct in action against the enemy.

18. Department of the Army (DA) 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. It confirms that during his tenure of assignment, the applicant’s unit (423rd Infantry Regiment, 106th Infantry Division) received occupation of Germany credit.

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DISCUSSION AND CONCLUSIONS:

1. The available evidence confirms that the applicant was a POW from December 1944 through April 1945. Therefore, he is entitled to the POW
Medal.

2. By regulation, in order to support awarding the PH to former POWs, it is necessary to establish that a member was wounded or injured while being held as a POW or while being taken captive. Supporting evidence must include an affidavit that is supported by a statement from a witness, if this is possible.

3. The supporting third-party statements provided by the applicant attest to the fact that he received a shrapnel wound to the right arm from a mortar fragment while engaged in an action against enemy forces on 21 December 1944. These statements further indicate that it was not possible for the applicant to receive treatment for the wound because shortly thereafter they were captured.

4. The third-party witness statements provided in this case appear to satisfy the evidentiary standard established by regulation to support the award of the PH to former POWs. Therefore, it would be appropriate to award the applicant the PH, for being wounded in action on 21 December 1944, and to add this award to his record.

5. The available evidence also shows that on 26 April 1946, the applicant was awarded the CIB, effective 21 December 1944, by the War Department. By regulation, members who earned the CIB during World War II were entitled to receive the BSM, for exemplary conduct in ground combat against an armed enemy. Therefore, the applicant should be awarded the BSM, which along with the CIB should be added to his record.

6. A DA Form 1577 on file confirms that the Army issued the applicant the ACM and AOM with Germany Clasp that were not included in his separation document or addressed in previous paragraphs of this decisional document. As a result, it would also be appropriate to add these awards to the applicant’s record at this time.

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BOARD VOTE:

AO____ ___LE__ _YM___ 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:

a. awarding him the Purple Heart, for being wounded in action on
21 December 1944;

b. awarding him the Bronze Star Medal, for exemplary conduct in ground combat against an armed enemy during World War II;

c. showing he is entitled to the Prisoner of War Medal, Combat Infantryman Badge, American Campaign Medal, and Army of Occupation Medal with Germany Clasp; and

d. providing him a corrected separation document that includes these changes.






                  Arthur A. Omartian
                  CHAIRPERSON

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INDEX

CASE ID	AR2003090535
SUFFIX
RECON
DATE BOARDED	2003/12/22
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1945/11/22
DISCHARGE AUTHORITY	AR 615-365 & WD Cir 339, 1945
DISCHARGE REASON	POW
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 61	107-0015
2. 46	107-0000
3.
4.
5.
6.