RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:   6 February 2007  
	DOCKET NUMBER:  AR20060009398 


	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



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 and that it be added to his WD AGO Form 53-55 (Enlisted Record and Report of Separation).

2.  The applicant states, in effect, that he was wounded in World War II in Borg, Germany, near the French border, in the Moselle River area.

3.  The applicant provides a copy of his WD AGO Form 53-55, his Honorable Discharge Certificate, his Separation Qualification Record, and his Department of Veterans Affairs Rating Decision, in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice that occurred on 5 December 1945, the date of his separation from active duty.  The application submitted in this case is dated 22 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 applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 30 November 1942 and entered active duty on 7 December 1942.  He served in the European Theater of Operations (ETO) from 6 August 1944 to 30 November 1945.  While in service, he served in military occupational specialty 821, supply noncommissioned officer.  He was honorably separated on 5 December 1945.

4.  The applicant's WD AGO Form 53-55 shows that he was awarded the Good Conduct Medal, the American Theater Campaign Ribbon, the European-African-
Middle Eastern Campaign Medal with three bronze service stars, two Overseas Service Bar, the World War II Victory Medal, the Expert Infantryman Badge, and the Combat Infantryman Badge.  His WD AGO Form 53-55 does not show any additional awards.  
5.  Item 34 (Wounds Received in Action), of his WD AGO Form 53-55, shows the entry "NONE."  There is no record that the applicant was awarded the Purple Heart.  There also is no evidence in his records to show he was wounded or treated for wounds as a result of hostile action.  

6.  The applicant's records contain a copy of a Surgeon General's Office Hospital Listing, which shows that the applicant was admitted to the hospital in December 1943, while serving in the ETO.  He was diagnosed as having pleuritis, fibrinous, not a wound or injury as a result of enemy action.

7.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows the applicant's unit was awarded occupational credit for the occupation of Germany in July 1945.  He is therefore entitled to the Army of Occupation Medal with Germany Clasp.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against the enemy or 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. 

9.  Army Regulation 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was diagnosed as having pleuritis, fibrinous, not a wound or injury as a result of enemy action, during World War II.

2.  The applicant alleges that he was wounded during World War II in Borg, Germany, near the French border, in the Moselle River area.  However, the applicant has provided no evidence, and there is none, to support his allegation. 

3.  There is no medical evidence of record, and the applicant has provided insufficient evidence, which shows he was injured or wounded due to hostile action during World War II.  There also is no evidence in the available records to show that he was treated by a field medic and returned to duty.  The evidence shows that the applicant authenticated his enlisted record on the date of his discharge.  The applicant's enlisted record clearly shows he did not receive wounds while in service. Therefore, there is an insufficient basis upon which to approve an award of the Purple Heart.

4.  The evidence shows the applicant was awarded the Combat Infantryman Badge during World War II.  Based upon the special provisions of the awards regulation which considers award of the Combat Infantryman Badge a citation in orders, the applicant is entitled to award of the Bronze Star Medal and to have this award added to his WD AGO Form 53-55.

5.  The evidence also shows the applicant is entitled to award of the Army of Occupation Medal with Germany Clasp and it should also be added to his records.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 5 December 1945, the date of his separation from active duty.  The ABCMR was not established until 2 January 1947.  As a result, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950.  The applicant did not file within the 3-year statute of limitations.  However, since award of the Purple Heart is not governed by a statute of limitations, it is appropriate to waive failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___A____  __JLP __  __EM____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 awarding the applicant the Bronze Star Medal based on award of the Combat Infantryman Badge, the Army of Occupation Medal with Germany Clasp, and adding these awards to his WD AGO Form 53-55.

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 award of the Purple Heart to the applicant and its addition to his WD AGO Form 53-55.



      ________
                CHAIRPERSON




INDEX

CASE ID
AR20060009398
SUFFIX

RECON

DATE BOARDED
20070206
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY

ISSUES         1.
107.14
2.
110.00
3.

4.

5.

6.



ABCMR Record of Proceedings (cont)                                         AR20060009398


5


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508