RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 March 2007
	DOCKET NUMBER:  AR20060012279 


	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

Mrs. Victoria A. Donaldson

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. John T. Meixell

Member

Mr. Ronald S. Venable 

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 award of the Purple Heart (First Oak Leaf Cluster), Combat Infantryman Badge (CIB), and the Good Conduct Medal.

2.  The applicant states that he was wounded in combat on 4 October 1944 while in Germany and was awarded the second Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)).  He further states that he was awarded the Combat Infantryman Badge and that he served honorably, and therefore, is entitled to award of the Good Conduct Medal.

3.  The applicant provides a copy of his WD AGO 53-55 (Enlisted Record and Report of Separation – Honorable Discharge); Headquarters, 115th Infantry, General Orders Number 34, awarding him the CIB, dated 15 September 1945; and Department of the Army, Office of the Adjutant General, subject: Letter Orders – Bronze Star Medal, dated 29 July 1955 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 17 August 1945, the date of his discharge from active duty.  The application submitted in this case is dated 24 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 WD AGO Form 53-55 with the separation date 17 August 1945 shows that he was inducted in the Army of the United States on 21 October 1943 and entered active duty on 11 November 1943 in military occupational specialty (MOS) 745 (Rifleman).  This form also shows that he was assigned to Company C of the 115th Infantry.

5.  The WD AGO Form 53-55 further shows he completed 11 months and 17 days of continental service and 10 months and 10 days of foreign service.  He was honorably separated on 17 August 1945 and issued a Certificate of Disability for Discharge.

6.  Item 34 (Wounds Received in Action) of this WD AGO 53-55 contains the entry "France 1 August 1944."  Item 33 (Decorations and Citations) shows the applicant was awarded the Purple Heart by General Orders Number 26, Headquarters, 52nd General Hospital, dated 12 August 1944.

7.  Item 34 of this WD AGO-53-55 does not show award of the Bronze Star Medal or the Good Conduct Medal.

8.  Item 31 (Military Qualification and Date) does not show the entry "Combat Infantryman Badge."

9.  The applicant's records contain Office of the Surgeon General Hospital Admission cards which show that in October 1944, he was treated by military medical officials for a "blast Injury", the causative agent was "Artillery Shell", and that the type of injury was classified as "battle casualty."  This form further shows that the wounds were not intentionally inflicted by self or another person.

10.  Headquarters, 115th Infantry General Orders Number 34, dated
15 September 1945, awarded the applicant the Combat Infantryman Badge.

11.  There are no orders in the available records which show that the applicant was awarded the Good Conduct Medal.  The applicant's efficiency reports are not available for review with this case.  There is no evidence in the available records which shows that the applicant was disqualified for award of the Good Conduct Medal

12.  Office of the Adjutant General Letter Orders, dated 29 July 1955, awarded the applicant the Bronze Star Medal for exemplary conduct in ground combat against the armed enemy on or about 4 October 1944 in the European Theater of Operations, while assigned as a private in the 115th Infantry Regiment.  These orders further show that Headquarters, 115th Infantry Regiment General Orders Number 34, dated 15 September 1945, which awarded the applicant the Combat Infantryman Badge, were promulgated 

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

14.  Army Regulation 600-8-22 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 are no time limitations for requests for award of the Purple Heart.

15.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart and the Bronze Star Medal.

16.  Army Regulation 600-8-22 (Military Awards) 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.  The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946.  The current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the Purple Heart (First Oak Leaf Cluster), Combat Infantryman Badge, and the Good Conduct Medal was carefully considered and determined to have merit.


2.  Medical records show that the applicant sustained battle injuries in October 1944 and was treated in a military hospital for those injuries.  Therefore, the applicant is entitled to award of the Purple Heart (First Oak Leaf Cluster) and correction of his records to show this award.

3.  Orders show the applicant was awarded the Bronze Star Medal on 15 September 1945.  Therefore, he is entitled to correction of his records to show this award.

4.  Orders show the applicant was awarded the Combat Infantryman Badge.  Therefore, he is entitled to correction of his records to show this award.  Based on award of the Combat Infantryman Badge, the applicant is also entitled to an additional award of the Bronze Star Medal.  Therefore, he is entitled to award of the Bronze Star Medal (First Oak Leaf Cluster) and correction of his records to show this award.

5.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying service of less than three years, but more than one year, ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 17 August 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 based on the fact there is no statute of limitations on requests for award of the Purple Heart.

BOARD VOTE:

_JTM___  _LDS___  _RSV  ____  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 the Purple Heart (First Oak Leaf Cluster), Combat Infantryman Badge, Bronze Star Medal (First Oak Leaf Cluster), and the Good Conduct Medal.




___Linda D. Simmons____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.