RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 March 2007
	DOCKET NUMBER:  AR20060011036 


	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

Director

Mr. David S. Griffin

Analyst

The following members, a quorum, were present:


Ms. Kathleen A. Newman 

Chairperson

Mr. David K. Haasenritter

Member

Ms. LaVerne M. Douglas

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, a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) be issued showing award of the Purple Heart and the Bronze Star Medal.

2.  The applicant states, in effect, he didn’t know he was entitled to these awards and records concerning these awards were lost.

3.  The applicant provides copies of:

	a.  a letter, dated 12 August 2002, from his Congressional representative;

	b.  a DA Form 1577 (Authorization for Issuance of Awards), dated 10 July 2002; 

	c.  an Army Review Boards Agency (ARBA), Support Division, St. Louis letter, dated 27 August 2003; and

	d.  an ARBA, Support Division, St. Louis letter, dated 19 July 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 10 September 1947, the effective date for the provision for award of the Bronze Star Medal based on award of the Combat Infantryman Badge.  The application submitted in this case is dated 25 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.  A Request for Information (VA Form 3101-1), dated 10 April 1947, signed by The Adjutant General of the United States Army, confirms the applicant was inducted and transferred to the Enlisted Reserve Corps on 22 November 1943.  This form also verifies the applicant entered active duty on 13 December 1943 and continuously served until being discharged on 30 October 1945 to enlist in the Regular Army.

4.  A WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) for the above period of service is not available.

5.  The records do contain a WD AGO Form 53-55 for service during the period from 31 October 1945 to 30 January 1947.  The WD AGO Form 53-55 shows the applicant was awarded the Combat Infantryman Badge.

6.  ABCMR Docket Number AR2002077657, dated 19 November 2002, granted the applicant’s request for award of the Army Good Conduct Medal.

7.  According to the ARBA, Support Division, St. Louis letter, dated 27 August 2003, the applicant was to have received a DD Form 215 showing award of the Purple Heart and the Bronze Star Medal as well as a certificate for both awards.

8.  ARBA, Support Division, St. Louis letter, dated 19 July 2006, informed the applicant the ARBA letter dated 27 August 2003 was in error and that the ABCMR decision only granted the applicant the Army Good Conduct Medal.

9.  The applicant’s military personnel records do not contain any entries that show the applicant was wounded or treated for wounds resulting from hostile action.

10.  The applicant’s service medical records do not contain any entries that show the applicant was wounded or treated for wounds resulting from hostile action.

11.  The applicant’s records do not contain orders for award of the Purple Heart or the Bronze Star Medal.

12.  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.  This regulation also provides that there is no time limitation on requests for award of the Purple Heart.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is authorized for award for 13 periods of qualifying wars, conflicts, and operations.  The first among these periods is World War II 
(7 December 1941 to 3 September 1945).

14.  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.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of military records which show that the applicant was wounded or treated for wounds resulting from hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.

2.  The WD AGO 53-55 with a separation date of 30 January 1947 showing award of the Combat Infantryman Badge does not cover the applicant’s period of service during World War II.  However, based on the periods of qualifying wars for the Combat Infantryman Badge, the applicant could only have earned the Combat Infantryman Badge during World War II.  Therefore, the applicant is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge for service during World War II.

3.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 10 September 1947, the effective date for the provision for award of the Bronze Star Medal based on award of the Combat Infantryman Badge.  Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 9 September 1950.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file in this case based on the fact there is no statute of limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___dkh__  ____lmd _  ___kan__  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 to show award of 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.




__________Kathleen A. Newman__________
          CHAIRPERSON




INDEX

CASE ID
AR20060011036
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070320
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.