RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 May 2007
	DOCKET NUMBER:  AR20060012636 


	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.



	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 the records of his deceased father, a former service member (FSM), be corrected to reflect his entitlement to the Purple Heart (PH) and Bronze Star Medal (BSM).

2.  The applicant states, in effect, that he is requesting that Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the FSM's separation document (DD Form 214) be corrected by adding the PH and BSM. 

3.  The applicant provides the following documents in support of his application:  FSM Death Certificate and Birth Certificate; Applicant's Birth Certificate; FSM Marriage Certificate; War Department (WD),  Adjutant General's Office (AGO) Letter Orders, dated 15 January 1948; and WD AGO Letter, dated 18 September 1945.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice that occurred on 7 August 1945.  The application submitted in this case is dated 
5 June 2006.

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 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 (NPRC) 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.  This case is being considered using reconstructed records that primarily consist of the FSM's separation document (WD AGO Form 53-55), Office of The Surgeon General (OTSG) Hospital Admission Records, and WD AGO Letters, dated 18 September 1945 and 
1 January 1948. 
4.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army and entered active duty on 27 January 1942.  It also shows that he served in the European Theater of Operations (ETO) from 19 October 1943 through 
27 August 1944, and he participated in the Normandy campaign.  Item 6 (Organization) shows he was assigned to the Headquarters Company, 
3rd Battalion, 502nd Parachute Infantry Regiment.  

5.  Item 31 (Military Qualification and Date) of the FSM's WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge (CIB). 

6.  Item 33 (Decorations and Awards) of the FSM's separation document shows he earned the following awards during his active duty tenure:  European-African-Middle Eastern (EAME) Campaign Medal with 1 bronze service star; Army Good Conduct Medal (AGCM); and American Theater Medal.  

7.  Item 34 (Wounds Received In Action) of the FSM's WD AGO Form 53-55 contains the entry "None".  

8.  The FSM's National Personnel Records Center (NPRC) file contains an OTSG Hospital Admission Record for 1944.  This document confirms he was admitted to a medical treatment facility in ETO in June 1944, and was hospitalized for 426 days.  It further shows that he was treated for a fracture to his femur, and that this wound was battle related.  

9.  The applicant provides a WD AGO Letter, dated 18 September 1945.  This letter awarded the FSM the PH for the wounds he received in action in the ETO on 6 June 1944.  

10.  The applicant also provides a WD AGO Letter, dated 15 January 1948.  This document awarded the FSM the BSM for his exemplary conduct in ground combat against the enemy on or about 6 June 1944.  

11.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 5-11 contains guidance on the World War II Victory Medal.  It states, in pertinent part, that it was awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.   


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 (502nd Parachute Infantry Regiment) received the Army of Occupation Medal with Germany Clasp, French Croix de Guerre, and Belgian Fourragere.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM is entitled to the PH and BSM was carefully considered and found to have merit.  The evidence confirms the FSM was wounded in action in the ETO on 6 June 1944, and that he was treated for this wound at a military medical facility in the ETO, as evidenced by the OTSG Hospital Admission Record on file and by the WD AGO Letter, dated 
18 September 1948, which confirms the FSM was awarded the PH.  Thus, it would be appropriate to correct his separation document accordingly. 

2.  The evidence also shows that the FSM was awarded the BSM for his exemplary conduct in ground combat against an armed enemy on or about
6 June 1944, as evidenced by a WD AGO Letter, dated 15 January 1948, which awarded the applicant the BSM.  As a result, it would also be appropriate to add this award to his separation document at this time.   

3.  The evidence also shows that based on his service and campaign participation in the ETO, the FSM is entitled to the Army of Occupation Medal with Germany Clasp, World War II Victory Medal, French Croix de Guerre, and Belgian Fourragere.  Thus, it would also be appropriate to add these awards to his separation document at this time.  

BOARD VOTE:
        x_  __x   _  __x __  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 amending his 7 August 1945 WD AGO Form 53-55 as follows:  

	a.  Item 33 (Decorations and Citations) - add the Purple Heart, Bronze Star Medal, Army of Occupation Medal with Germany Clasp, World War II Victory Medal, French Croix de Guerre, and Belgian Fourragere;

	b.  Item 34 (Wounds Received In Action) delete the current entry and replace it with the entry "Wounded in Action, ETO, 6 June 1944"; and 

	c.  by providing the applicant a correction to the FSM's separation document that includes these changes.  




_____x ___
          CHAIRPERSON




INDEX

CASE ID
AR20060008440
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/05/08
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1945/08/07
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107
2.

3.

4.

5.

6.