RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	 23 November 2005 
	DOCKET NUMBER:  AR20050000976 


	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. Luis Almodova

Senior Analyst

The following members, a quorum, were present:


Mr. John Slone

Chairperson

Mr. Patrick H. McGann, Jr.

Member

Mr. Larry J. Olson

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant, requests, in effect, that he be awarded the Purple Heart.

2.  The applicant states, in effect, that he was wounded in action in the European Theater of Operations (ETO) while he served in Italy.  He never received the Purple Heart.  The medal was earned.

3.  The applicant provides a copy of his WD AGO Form 55, Honorable Discharge; and a copy of his enlisted record in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which occurred on 27 December 1944.  The application submitted in this case is dated 27 December 2004 but was received for processing on 20 January 2005.

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 limitations 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 service records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records, information obtained from alternate sources, and from information provided by the applicant in support of his request.

4.  Records available to the Board show the applicant was inducted into the Army of the United States on 20 January 1943 and he entered service in New York City, New York, on the same date.  The applicant's enlisted record shows that he served as a Rifleman, military occupational specialty (MOS), 745.  He was honorably discharged at Camp Croft, South Carolina, in the rank of Private, with a Certificate of Disability for Discharge.

5.  The applicant's enlisted record shows he departed from Brooklyn, New York, en route to the North African Theater of Operations on 9 June 1943 and arrived in North Africa on 21 June 1943.  The applicant served in North Africa and on an unknown date, he arrived in the ETO.  He was returned to and arrived in the United States on 17 April 1944.  On his arrival in the United States, he was assigned to the Detachment of Patients, Camp Croft, South Carolina.

6.  The applicant's enlisted record shows he was awarded the European-African-Middle Eastern Campaign Medal; the Combat Infantryman Badge; the Marksman Marksmanship Qualification Badge, with Rifle Bar (M-1 Rifle); and the Sharpshooter Marksmanship Qualification Badge, with Machinegun Bar (M-1919 Light Machinegun).  The Purple Heart is not shown on the applicant's enlisted record.

7.  The applicant participated in one campaign of World War II.

8.  The entry, "unknown" was made adjacent to the statement, "Wounds received in service" on the applicant's enlisted record.

9.  A health record research project, which involved transposing hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape, which the National Research Council made available to the National Personnel Records Center (NPRC) in 1988, commonly referred to as the "SGO Files," were searched for the details surrounding the applicant's report he was wounded in action in the ETO during World War II.  This search revealed that the applicant was hospitalized in November 1943 and was treated for frostbite of his foot, acute suppurative appendicitis (including gangrenous and perforated), and neuralgia.  The SGO file containing this report shows he was hospitalized until July 1944, a total of 243 days.

10.  The applicant served in the Continental United States from 20 January 1943 through 9 June 1943 and from 17 April 1944 through 27 December 1944 for a total of 1 year, 1 month, and 1 day.  The total of the applicant's overseas service was 10 months and 7 days.

11.  The applicant alleges to have been assigned to Company G, 157th Infantry Regiment, 345th Infantry Division.  Although some investigation into this report was made, a positive finding was not arrived at.  The applicant may be entitled to unit awards that might have been awarded to the unit while he was a member of the unit.  The applicant has the burden of establishing his presence in the unit at the time the unit award was made to the unit.  When his presence is established in the unit, the applicant is entitled to submit a new application to the Board for addition of those unit awards to his separation record.

12.  Army Regulation (AR) 600-8-22 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.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

13.  AR 600-45 (Decorations), dated 22 September 1943, in effect at the time of the applicant's service, provides, in pertinent part, that the Purple Heart is awarded to members of the armed forces of the United States and to civilians who are citizens of the United States serving with the Army, who are wounded in action against an enemy of the United States, or as a direct result of an act of such enemy, provided such wound necessitates treatment by a medical officer.  For the purpose of awarding the Purple Heart, a wound is defined as an injury to any part of the body from an outside force, element, or agent sustained as a result of a hostile act of the enemy or while in action in the face of the enemy.

14.  On 3 May 1944, the above regulation was changed to add the following as part of the Purple Heart awards criteria:  "In connection with the definition of 'wound' above, the word 'element' refers to weather and permits award to personnel severely frostbitten while actually engaged in combat (emphasis added).  Trench foot will not be considered as meriting award (emphasis added)."

15.  AR 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.  

16.  AR 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.

17.  AR 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  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.

18.  AR 670-1 governs the requirements for the Overseas Service Bar.  In pertinent part, it provided that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States.  One overseas service bar is authorized for each six-month period served in the ETO.  To calculate the entitlement, both the month of arrival and month of departure are counted as a whole month no matter the number of days in that month that were spent in the overseas wartime theater.

19.  AR 15-185, Chapter 2, Paragraph 2-2.c states that the Army Board for the Correction (ABCMR) is not an investigative body.  The ABCMR will decide cases on the evidence of record and evidence that is provided by applicants in support of their requests.

DISCUSSION AND CONCLUSIONS:

1.  The evidence in this case, the "SGO Files" report, shows the applicant sustained frostbite to the foot and other medically-related issues while engaged in combat against the enemy.  The applicant's engagement with the enemy is supported by the fact that he was awarded the Combat Infantryman Badge for his service as a rifleman in World War II. 

2.  The evidence, the Decorations regulation, in effect at the time of the applicant's service, as changed, also shows that personnel severely frostbitten, while actually engaged in combat, were entitled to award of the Purple Heart.  The evidence shows that the applicant was hospitalized in November 1943 for treatment of frostbite and other medical issues, as indicated on the "SGO Files Report."

3.  The evidence further shows that the applicant was returned to the Continental United States in April 1944, assigned to the Detachment of Patients, Camp Croft, South Carolina, and was discharged with a certificate of disability.

4.  Based on the evidence in this case, the applicant is entitled to award of the Purple Heart and its addition to his separation document.

5.  As noted above, the applicant was awarded the Combat Infantryman Badge for his service as a rifleman during World War II.  Based on the special provisions of the awards regulation that considers award of the Combat Infantryman Badge a citation in orders, he is therefore entitled to award of the Bronze Star Medal and to have it added to his separation document.

6.  The applicant served honorably in the Army of the United States during the qualifying period for award of the World War II Victory Medal.  He is therefore entitled to award of the World War II Victory Medal and to have it added to his separation document.

7.  The applicant served an aggregate period of service of over one year in the Continental United States.  He is therefore entitled to award of the American Campaign Medal and to have it added to his separation record.

8.  The applicant spent 10 months and 7 days overseas in the wartime theater.  He is entitled to award of one overseas service bar and to have it shown on his separation document.

BOARD VOTE:

_JS____  _PM_____  __LJO___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 the applicant the Purple Heart and adding this award to his separation document;

	b.  awarding the applicant the Bronze Star Medal, based on his having been awarded the Combat Infantryman Badge during World War II, and adding this award to his separation document;

	c.  awarding the applicant the World War II Victory Medal and the American Campaign Medal and adding these awards to the applicant's separation document; and 

	d.  awarding the applicant one overseas service bar and adding this award to the applicant's separation document.




____      John Slone_____
          CHAIRPERSON



INDEX

CASE ID
AR20050000976
SUFFIX

RECON

DATE BOARDED
2005/11/23
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.  46
107.0000
2.   61
107.0015
3.

4.

5.

6.