RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 March 2007
	DOCKET NUMBER:  AR20060011785 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. William F. Crain

Chairperson

Mr. Edward E. Montgomery

Member

Ms. Rea M. Nuppenau

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 the Combat Infantryman Badge.

2.  The applicant states, in effect, that according to the National Personnel Records Center (NPRC), his military medical and personnel records were destroyed in a fire in 1973.  He requested that the Purple Heart and Combat Infantryman Badge and battle information be entered into a reconstructed record for him, and appropriate entries made on his separation documents.  Without official documentation verifying that he is a Purple Heart recipient, the Veterans Affairs (VA) Public Health Care System will not enroll him as a Purple Heart Veteran with its preferred status.  In general, it's important for him, his family, and posterity that his military records be available in as complete and accurate form as possible.  

3.  The applicant provides a copy of WD AGO Form 0657 (Authorization For issuance of Awards); a copy of a Western Union Telegram, dated 24 January 1945; a copy of a WD AGO Form 53-55 (Honorable Discharge); a copy of a letter from NPRC, dated 31 July 2006; and a copy of a VA Form P-80a, Award of Disability Compensation or Pension, dated 4 September 1945; in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 10 July 1945, the date of his discharge.  The application submitted in this case is dated 9 August 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 enlisted on 13 August 1943, entered active duty on 18 December 1943, and was trained in military occupational specialty (MOS) 188 (Construction Worker).  He served in the European Theater of Operations (ETO) from 17 October 1944 to 5 July 1945.  He was promoted to private first class (PFC).  He continued to serve until he was honorably discharged on 10 July 1945.  

4.  The applicant’s WD AGO Form 53-55 shows that he was credited with participation in one campaign of World War II.  He was awarded the European-African-Middle Eastern (EAME) Campaign Medal.  His discharge document does not show the Purple Heart or any additional awards.

5.  Item 34 (Wounds Received In Action), of the applicant’s WD AGO Form 53-55, which was authenticated in his own hand, shows the entry "None."

6.  The applicant provided a copy of a Western Union telegram, dated 24 January 1945, which indicates that he was wounded in action on 10 January 1945 in Belgium.

7.  The applicant's records contain a copy of a Surgeon General's Office (SGO) Hospital Listing, which shows that the applicant was admitted to the hospital on 10 January 1945, for frostbite, while serving in the ETO.

8.  The applicant provided a copy of his award of disability compensation or pension from the VA, dated 4 September 1945, which indicates that he was awarded 10 percent service-connected disability compensation for frozen feet.

9.  The applicant provided a copy of an Authorization for Issuance of Awards, dated 17 July 1946, which shows that he was issued the EAME Campaign Medal, with two bronze service stars.  It also shows that he was authorized the Combat Infantryman Badge per Letter Order, WD AGO, D&A, dated 17 July 1946, with an effective date of pay of 27 December 1944, for his service during World War II.  

10.  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 statute of limitations on requests for award of the Purple Heart.
11.  Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  An “element” pertains to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat is authorized.

12.  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.

13.  While the applicant was serving in the ETO he participated in the Ardennes-Alsace and Rhineland campaigns.  Army Regulation 600-8-22 also states that authorized bronze service stars will be worn on the appropriate service or campaign medal. 

14.  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.

15.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, occupation credit awarded to units during World War II.  This document shows the unit to which the applicant was assigned, the 16th Infantry Regiment, was awarded occupational credit for the occupation of Germany for the period from 2 May to 3 June 1945.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was wounded in action on 10 January 1945, in Belgium, during World War II.  He was also awarded 10 percent service-connected disability compensation for frozen feet on 4 September 1945.  Therefore, he is entitled to award of the Purple Heart and a correction of his records to show this award.
2.  The evidence of record shows that the applicant was awarded the Combat Infantryman Badge for service during WWII.  This award is not shown on his WD AGO Form 53-55.  The evidence provided by him is sufficient to correct his records to show this award.

3.  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.

4.  The applicant’s WD AGO Form 53-55 shows that he was awarded credit for participation in the Rhineland campaign; however, evidence shows he also participated in the Ardennes-Alsace campaign.  Therefore, he is entitled to correction of his records to show this campaign. 

5.  The applicant's WD AGO Form 53-55 shows that he was awarded the EAME Campaign Medal, with one bronze service star.  However, he participated in two campaigns and he is therefore, entitled to two bronze service stars to be affixed to the already-awarded EAME Campaign Medal.

6.  The applicant served on active duty during the qualifying period for award of the World War II Victory Medal.  Therefore, he is entitled to correction of his records to show this award.

7.  The evidence of record shows that the applicant's unit of assignment served a period of qualifying service for award of the Army of Occupation Medal, with Germany Clasp.  He is therefore entitled to correction of his records to show this award. 

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 10 July 1945, the date of his release from AD.  However, 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 ABCMR's 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:

___rn____  __EM___  ___WFC_  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:

	a.  awarding the applicant the Purple Heart for wounds received in action on 10 January 1945; the Combat Infantryman Badge; the Bronze Star Medal, based on award of the Combat Infantryman Badge; the European-African-Middle Eastern Campaign Medal, with two bronze service stars; the World War II Victory Medal; and the Army of Occupation Medal, with Germany Clasp; and adding these awards to his WD AGO Form 53-55; and

	b.  adding the Ardennes-Alsace campaign to Item 32 (Battles and Campaigns) of his WD AGO 53-55.




_____William F. Crain______
          CHAIRPERSON




INDEX

CASE ID
AR20060011785
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070308
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19450710
DISCHARGE AUTHORITY
AR  615-362
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.