RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  6 February 2007
	DOCKET NUMBER:  AR20060012299 


	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. Carl W. S. Chun

Director

Mrs. Victoria A. Donaldson

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. Jerome L. Pionk

Member

Mr. Edward E. Montgomery

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 that the military records of her husband, a deceased former service member (FSM) be corrected to show award of the Prisoner of War (POW) Medal and the Purple Heart.

2.  The applicant states that the FSM was a POW for 30 days and was liberated. The applicant continues that her husband was injured during an air raid, received the Purple Heart while in the hospital and was separated from the service while in the hospital.

3.  The applicant provides a copy of a Marriage Certificate, Death Certificate, and the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 1 November 1945.  The application submitted in this case was received on 31 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 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 1973.  It is believed that the FSM'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.  Records show the FSM was inducted into the Army of the United States on 24 November 1943 and entered active duty on 15 December 1943.  He completed basic training and was awarded the military occupational specialty 605 (Heavy Machine Gunner).

5.  The FSM's separation document shows he served 4 months and 5 days of foreign service.  This document also shows that he served 1 year, 7 months, and 3 days of continental service.  He served in the European Theater of Operations during the period 12 August 1944 through 21 December 1944.  

6.  Item 33 (Decorations and Citations) of the applicant's WD AGO 53-55 shows the applicant was awarded the Good Conduct Medal, American Theater Ribbon, and the European-African-Middle-Eastern Service Medal with one bronze service star.  Item 33 of the FSM's WD AGO 53-55 does not show he was awarded the POW Medal or the Purple Heart.  Item 55 (Remarks) of the FSM's WD AGO does not show he was held in a POW status during his military service.

7.  Item 31 (Military Qualification and Date) contains the entry "Combat Infantryman Badge."

8.  The FSM's records contain Office of the Surgeon General Hospital Admission cards which show that, on 25 October 1944, he was treated by military medical officials for a fracture of his lumbar vertebrae and that the type of injury was classified as "battle injury."  This form further shows that the wounds were not intentionally inflicted by self or another person.

9.  US Army Casualty and Memorial Affairs Operation Center of the Repatriation and Family Affairs Division maintains a roster which identifies those Soldiers held in a POW status during WWII.  The FSM's name was not among those listed

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Prisoner of War Medal.  The regulation states that the Prisoner of War Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

11.  Army Regulation 635-5 (Separations Document) establishes the standardized policy for preparing and distributing discharge documents.  In pertinent part, it directs that, in the case of prisoners of war, the unit of assignment, country and dates of capture and release will be entered in the "Remarks" section of the discharge document.

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

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the World War II Victory Medal.  The World War II Victory Medal was established by the act of Congress on 6 July 1945.  It was awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.  Records show the applicant served during the period 15 September 1942 through 17 October 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM's military service records should be amended to show that he was awarded the POW Medal and the Purple Heart.

2.  There is no evidence in the available records and the applicant has not provided sufficient evidence which shows that the FSM was held in a POW status during his military service.  Therefore, there is no basis to grant the relief requested.

3.  Medical records show that the FSM sustained battle injuries on 25 October 1944 and was treated a military hospital for those injuries.  Therefore, the applicant is entitled to award of the Purple Heart and correction of his records to show this award.

4.  The FSM was awarded the Combat Infantryman Badge.  Based on award of the Combat Infantryman Badge, the FSM is entitled to award of the Bronze Star Medal and correction of his records to show this award.

5.  Evidence of records shows the FSM served a qualifying period of service for award of the World War II Victory Medal.  Therefore, he is entitled to correction of his records to show this award.

6.  Records show the FSM should have discovered the alleged error or injustice now under consideration on 1 November 1945, the date of the FSM's 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.  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:

________  ________  ________  GRANT FULL RELIEF 

_JEA_ ____   _JLP__  _EEM___  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 by awarding the Purple Heart for wounds received as a result of hostile action on 25 October 1944, Bronze Star Medal based on award of the CIB, and World War II Victory Medal.

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 POW Medal.  




_James E. Anderholm__
          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.