RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 March 2007
	DOCKET NUMBER:  AR20060011120 


	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 military records of her husband, a deceased former service member (FSM), be corrected to show the award of the Purple Heart. 

2.  The applicant essentially states that Item 34 (Wounds Received in Action) of her husband’s WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) shows that he was wounded in action, but that the Purple Heart is not included in the awards shown in Item 33 (Decorations and Citations) of this document. 

3.  The applicant provides the FSM’s death certificate, WD AGO Form 53-55, and Honorable Discharge Certificate, a Case Information and Privacy Release Form Authorization, and a letter from a Member of Congress from 1st District of New York in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 21 July 1945, the date the FSM was released from active duty.  The application submitted in this case is dated 12 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 majority of the FSM’s military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in St. Louis, Missouri in 1973.  It is believed that the majority of the FSM’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining to conduct a fair and impartial review of this case.



4.  The available records show that the FSM was inducted into the Army of the United States on 3 November 1943, and entered active duty on 24 November 1943.  After completing basic and advanced individual training, he served stateside until he departed for the European Theater of Operations on 
17 October 1944.  He participated in the Ardennes-Alsace, Central Europe, and Rhineland campaigns with the 346th Infantry Regiment, and was awarded the Combat Infantryman Badge.  He departed the European Theater of Operations on 19 May 1945, and returned to the continental United States on 1 June 1945.  On 21 July 1945, he was honorably released from active duty.  In addition to the Combat Infantryman Badge, the FSM’s WD AGO Form 53-55 shows that he was awarded the European-African-Middle Eastern Campaign Medal, the Expert Marksmanship Qualification Badge with Automatic Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Carbine Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  Item 33 of the FSM’s WD AGO Form 53-55 does not show that he was awarded the Purple Heart.  However, Item 34 clearly shows that he was wounded in action on 12 December 1944 while serving in the European Theater of Operations.

6.  During a review of the FSM’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his WD AGO Form 
53-55.

7.  The FSM’s WD AGO Form 53-55 shows that he was awarded the Combat Infantryman Badge; however, it does not show that he was awarded the Bronze Star Medal based upon award of the Combat Infantryman Badge during World War II.

8.  The FSM’s records show that he served 1 year, 7 months, and 28 days of active duty service from 24 November 1943 to 21 July 1945.  There is no record of any lost time or derogatory information in the FSM’s records which would preclude awarding him the Good Conduct Medal for this period of active duty service.

9.  7.  The FSM’s WD AGO Form 53-55 does not show that he was awarded the World War II Victory Medal; however, he served on active duty during a qualifying period of service for this award.

10.  The FSM also served more than one aggregate during a qualifying period of service for award of the American Campaign Medal.  However, this award is not shown on his WD AGO Form 53-55.
11.  The FSM’s WD AGO Form 53-55 shows that he was awarded the European-African-Middle Eastern Campaign Medal; however, it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) identifies, in pertinent part, campaign participation credit for units during World War II.  This document shows that at the time of the FSM’s assignment to the 346th Infantry Regiment, the unit participated in the
Ardennes-Alsace, Central Europe, and Rhineland campaigns during World 
War II.

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 been treated by a medical officer, and the medical treatment must have been made a matter of official records.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

13.  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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

14.  Army Regulation 600-8-22 further provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

15.  Army Regulation 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.


16.  Army Regulation 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 for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, 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.

17.  Army Regulation 600-8-22 additionally provides, in pertinent part, that the European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.  This medal is awarded to any service member who was permanently assigned in the theater, who was in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days, or who was in active combat against the enemy and was awarded a combat decoration, or who was furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat.  This regulation also states that a bronze service star is to be worn for each campaign that the Soldier participated in.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the military records of her husband, a deceased FSM, should be corrected to show award of the Purple Heart. 

2.  Although the FSM’s WD AGO Form 53-55 does not show that he was awarded the Purple Heart, it clearly shows that he was wounded in action on 
12 December 1944 while serving in the European Theater of Operations.  Therefore, he is entitled to award of the Purple Heart, and correction of his military records to show the award of the Purple Heart.

3.  Based upon award of the Combat Infantryman Badge during World War II, the FSM is entitled to award of the Bronze Star Medal, and correction of his military records to show the award of the Bronze Star Medal based upon award of the Combat Infantryman Badge.



4.  The FSM served 1 year, 7 months, and 28 days of active duty service from 
24 November 1943 to 21 July 1945, and there is no record of any lost time or derogatory information in the FSM’s records which would preclude awarding him the Good Conduct Medal for this period of active duty service.  Therefore, he is entitled to award of the Good Conduct Medal for the period 24 November 1943 to 21 July 1945, and correction of his military records to show this award.

5.  The FSM served on active duty during a qualifying period of service for award of the World War II Victory Medal.  Therefore, he is entitled to award of the World War II Victory Medal, and correction of his military records to show this award.

6.  The FSM served more than one aggregate year during a qualifying period of service for award of the American Campaign Medal.  Therefore, he is entitled to award of the American Campaign Medal, and correction of his military records to show this award.

7.  The FSM participated in three campaigns in the European Theater of Operations during World War II.  Therefore, he is entitled to correction of his military records to show three bronze service stars to be affixed to his already awarded European-African-Middle Eastern Campaign Medal.

8.  Records show the FSM should have discovered the alleged error or injustice now under consideration on 21 July 1945, the date of his separation from active duty.  However, the ABCMR was not established until 2 January 1947.  As a result, the time for the FSM to file a request for correction of any error or injustice expired on 1 January 1950.  The FSM passed away on 14 March 2000.  As a result, the time for the applicant to file a request for correction of any error in injustice expired on 13 March 2003.  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 facts of this case.

BOARD VOTE:

___KN __  ___DH __  ___LD __  GRANT FULL RELIEF 

________  ________  ________  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 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 him the Purple Heart for wounds received in action against the enemy on 12 December 1944 while serving as a private;

b.  awarding him the Bronze Star Medal based upon award of the Combat Infantryman Badge during World War II, while serving as a private;

c.  awarding him the Good Conduct Medal for the period 24 November 1943 to 21 July 1945 while serving as a private;

d.  awarding him the World War II Victory Medal and the American Campaign Medal; and

e.  showing three bronze service stars to be affixed to his already awarded European-African-Middle Eastern Campaign Medal.

2.  The Board wants the applicant and all others to know that the sacrifices made by her husband in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




____Kathleen Newman_______
          CHAIRPERSON




INDEX

CASE ID
AR20060011120
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
GRANT PLUS
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0015.0000
2.
107.0014.0000 (Based on award of the CIB)
3.
107.0056.0000
4.
107.0066.0000
5.
107.0063.0000
6.
107.0065.0000 (Add bronze service stars)
7.
110.0400.0000