RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 March 2007
	DOCKET NUMBER:  AR20060010963 


	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. Gerard W. Schwartz

Acting Director

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. William Powers

Chairperson

Mr. Paul Smith

Member

Mr. Jerome Pionk

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, award of the Purple Heart.  He also requests that his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show the Prisoner of War (POW) Medal. 

2.  The applicant states that he sustained a shrapnel wound to his left leg near his kneecap.  He contends that after being taken prisoner they were subjected to artillery fire and he was hit in the leg.  A German medic patched him up and made no record of it.   

3.  The applicant provides a copy of his WD AGO Form 53-55.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
21 November 1945.  The application submitted in this case is dated 26 July 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 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 March 1943 and entered active duty on 
20 March 1943.  He served in the European Theater of Operations from 
1 February 1944 through 14 May 1945 and was honorably discharged on 
21 November 1945.  

5.  The applicant’s WD AGO Form 53-55 shows the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with two bronze service stars, the World War II Victory Medal, the American Campaign Medal, two awards of the Overseas Service Bar, and the Distinguished Unit Citation as authorized awards.  Item 34 (Wounds Received in Action) on the applicant’s WD AGO Form 53-55 shows the entry, “NONE.”  His WD AGO Form 53-55 also shows he received the Combat Infantryman Badge.          

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

7.  A Western Union telegram, dated 18 May 1944, shows the applicant was a POW of the German government.  A Western Union telegram, dated 26 May 1945, shows the applicant was returned to military control. 

8.  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.  Paragraph 2-8j(2) of this regulation states that for those who became POWs during World War II, the Korean War and before and after 25 April 1962, the Purple Heart will be awarded to individuals wounded while prisoners of foreign forces, upon submission by the individual to the Department of the U.S. Army of an affidavit that is supported by a statement from a witness, if this is possible.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the POW Medal.  The regulation states that the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

10.  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.  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.  Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case at this time.  However, he may apply to the Department of the Army (Commander, U.S. Army Human Resources Command ATTN: AHRC-PDO-PA, 200 Stovall Street, Alexandria, VA 22332-0471) in accordance with paragraph 2-8j(2) of Army Regulation 600-8-22.

2.  Evidence of record shows the applicant was a POW during World War II; therefore, he is entitled to award of the POW Medal and correction of his WD AGO Form 53-55 to show this medal.

3.  Based on award of the Combat Infantryman Badge, the applicant is entitled to award of the Bronze Star Medal.  

4.  Records show the applicant should have discovered the alleged errors now under consideration on 21 November 1945; therefore, the time for the applicant to file a request for correction of any error expired on 1 January 1950 (3 years after the Board was established on 2 January 1947).  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the fact there is no statute of limitations on requests for award of the Purple Heart.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

WP_____  __PS____  __JP____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was awarded the POW Medal and the Bronze Star Medal (based on award of the Combat Infantryman Badge).

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.  




___William Powers_____
          CHAIRPERSON




INDEX

CASE ID
AR20060010963
SUFFIX

RECON

DATE BOARDED
20070313
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.
107.0029
3.
107.0000
4.

5.

6.