RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 March 2007
	DOCKET NUMBER:  AR20060011932 


	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. Dean L. Turnbull

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 his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to show the Purple Heart, the Bronze Star Medal and any meritorious awards.

2.  The applicant states, in effect, that no mention was made of his Purple Heart on Headquarters, 35th Evacuation Hospital, General Orders Number  
4 Par. 1, dated 4 January 1945, or of his Bronze Star Medal.  He states, that meritorious awards should be mentioned in his discharge document.

3.  The applicant provides a copy of a card from the "6th Conv. Hosp." dated  
10 January 1945.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on  
7 June 1945, the date he was discharged from active duty.  The application submitted in this case is dated 14 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 are not available 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 to conduct a fair and impartial review of this case. 

4.  The applicant's reconstructed records show that he was awarded the Purple Heart and that award is shown in Item 33 (Decorations and Citations) on his separation document.  Therefore, the applicant's request for award of the Purple Heart will not be discussed any further.

5.  The applicant's reconstructed records show that he entered active duty on  
13 September 1940.  He was honorably discharged on 7 June 1945 after serving 4 years, 8 months, and 11 days of creditable active service.
6.  Item 30 (Military Occupational Specialty and Number) of the applicant's WD AGO Form 53-55 shows his military occupational specialty as 605 (Heavy Machine Gunner).  Records show he served a tour of duty in the European-African-Middle Eastern Theater of Operations with Company K, 328th Infantry, 26th Division, during the period 26 May 1944 to 14 April 1945.

7.  A letter addressed to the applicant, dated 8 October 1945, shows that the applicant was awarded the Combat Infantryman Badge under the provision of paragraph 3a (2) War Department (WD) Circular #408, dated 17 October 1944, as amended by Section III, WD Circular #134, dated 4 May 1945 for satisfactory performance of duty in ground combat against the enemy while attached or assigned to the 328th Infantry.

8.  The applicant's record indicates entitlement to additional awards and decorations not shown on his WD AGO Form 53-55.

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

10.  Army Regulation 600-8-22 (Military Awards) 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.

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant is entitled to award of the Combat Infantryman Badge.  Therefore, he is entitled to correction of his records to show this award.

2.  Records show that the applicant is entitled to award of the Bronze Star Medal based on the award of the Combat Infantryman Badge.  Therefore, he is entitled to correction of his records to show the Bronze Star Medal.

3.  Records show that the applicant is entitled to award of World War II Victory Medal.  Therefore, he is entitled to correction of his records to show this award.
4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 7 June 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 applicant to file a request for correction of any error or injustice expired on 1 January 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:

___rmn__  ___eem__  ___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 showing award of Bronze Star Medal, the Combat Infantryman Badge, and the World War II Victory Medal.




__________William F. Crain____________
          CHAIRPERSON




INDEX

CASE ID
AR20060011932
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070308
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.