RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 December 2003
         DOCKET NUMBER: AR2003090959


         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
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Melvin H. Meyer		Member
Mr. Patrick H. McGann		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 two awards of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster) and an unspecified award.

2. The applicant states, in effect, that he was injured during a firefight in August 1943. He contends that shrapnel from a mortar round struck both of his knees and killed the officer who would have recommended him for the Purple Heart. He contends that he is entitled to a second award of the Purple Heart for a hernia he sustained from lifting things. He also contends that he is entitled to an award for capturing 15 German soldiers during World War II.

3. The applicant provides a letter, dated 17 April 2003, from a chaplain of the State Department of Indiana; a letter, dated 24 April 2003, from a National Service Officer of the Disabled American Veterans in Indianapolis, Indiana; a WD AGO Form 53-55 (Enlisted Record and Report of Separation); a WD AGO Form 100 (Separation Qualification Record); a letter, dated 6 November 2000, from the Review Board Agency, St. Louis, Missouri; a DD Form 215 (Correction to DD Form 214) issued on 6 November 2000; and a letter, dated 31 March 2003, from the National Personnel Records Center in St. Louis, Missouri.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error which occurred on
12 November 1945. The application submitted in this case is dated 30 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 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. 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 applicant was inducted on 13 December 1943. He served as a clerk in the European Theater of Operations from 14 August 1944 through 27 October 1945. On 12 November 1945, the applicant was honorably discharged in the rank of private first class after completing 1 year and 11 months of creditable active service with no lost time.

5. The applicant's WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal with two bronze service stars as authorized awards. His WD AGO Form 53-55 also shows that he received the Combat Infantryman Badge during World War II.

6. Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows the entry, "None."

7. There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.

8. There is no evidence in the available records which shows the applicant captured 15 German soldiers during World War II. There is no evidence of record which shows the applicant was recommended for or awarded an award for capturing 15 German soldiers.

9. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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, and the medical treatment must have been made a matter of official record. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

11. Army Regulation 600-8-22 also provides, in pertinent part, that 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. 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. This provision did not go into effect until 10 September 1947 when Change 12 to Army Regulation 600-45 (Decorations) was published.

12. Army Regulation 600-65, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946.
13. Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1. The applicant has provided no evidence which shows that he sustained shrapnel wounds to his knees during World War II. There is no evidence of record which shows that he was injured or treated for any wounds sustained as a result of hostile action during World War II. Therefore, there is insufficient evidence on which to base any award of the Purple Heart in this case.

2. There is no evidence of record, and the applicant has provided no evidence, which shows he captured 15 German soldiers during World War II. There is also no evidence of record which shows the applicant was recommended for or awarded an award for such an action. Therefore, there is no basis for granting the applicant's request.

3. The applicant received the Combat Infantryman Badge during World War II; therefore, he is entitled to award of the Bronze Star Medal.

4. The applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 13 December 1943 through 12 November 1945 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.

5. The applicant served a period of qualifying service for award of the World War II Victory Medal.

6. Records show the applicant should have discovered the error or injustice now under consideration on 12 November 1945; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 2 January 1950 (3 years after the Board was established on 2 January 1947). However, the applicant did not file within the 3-year statute of limitations and has not provided




a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.

BOARD VOTE:

FNE___ MHM_____ PHM_____ 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 showing that he was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge), the first award of the Good Conduct Medal for the period 13 December 1943 through 12 November 1945, and the World War II Victory Medal.

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 any award of the Purple Heart or any award for valor.




                  __Fred N. Eichorn__________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003090959
SUFFIX
RECON
DATE BOARDED	20031202
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0000
3.
4.
5.
6.