RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	 19 April 2007  
	DOCKET NUMBER:  AR20060012542 


	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, the daughter of a deceased former service member (FSM), requests that he be awarded the Purple Heart. 

2.  The applicant essentially states that the FSM received frostbitten heels and broken arches, which caused him difficulty later in life.  She also stated, in effect, that information showing he received frostbitten heels and broken arches is noted in item 34 (Wounds Received in Action) of the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge).   

3.  The applicant provided an original death certificate for the FSM and an original birth certificate establishing her as the FSM’s daughter in support of this application.  At the request of the applicant, the original certificates have already been returned to her, and copies have been made for this record of proceedings.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
12 November 1945, the date of the FSM’s release from active duty.  The application submitted in this case is dated 25 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 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 1973.  It is believed that the majority of the FSM's records were lost or destroyed in that fire.  However, there are sufficient documents remaining in order 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 23 February 1943, and entered active duty 2 March 1943.  After completing basic and advanced individual training, he departed the continental United States on 3 December 1943, and arrived in the European Theater of Operations on 9 December 1943.  He participated in the Normandy, Northern France, Ardennes-Alsace, Rhineland, and Central Europe campaigns while serving with Company A, 300th Engineer (Combat) Battalion during World War II. He departed the European Theater of Operations on 5 September 1945, and returned to the continental United States on 15 September 1945.  On 
12 November 1945, he was honorably released from active duty.  His WD AGO Form 53-55 shows that he was awarded the Good Conduct Medal, the World War II Victory Medal, the European-African-Middle Eastern Campaign Medal with Five Bronze Service Stars), and the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant stated, in pertinent part, that information showing the FSM received frostbitten heels and broken arches was noted in item 34 of his 
WD AGO Form 53-55.  However, item 34 of the FSM’s WD AGO Form 53-55 only contains an entry of “None.”

6.  Item 33 (Decorations and Citations) of the FSM’s WD AGO Form 53-55 does not reflect award of the Purple Heart.  There are also no orders in his records which shows that he was awarded the Purple Heart.

7.  There are no medical records on file that show the FSM sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.  

8.  The applicant did not provide any evidence such as the FSM’s WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release From Active Duty, or Retirement), which would have listed all of his significant diseases, wounds, and injuries, and which would have contained an entry that showed he was wounded as a result of hostile action.

9.  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.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) identifies, in pertinent part, occupation credit for units during World War II.  It shows that at the time of the FSM’s assignment to the 300th Engineer Combat Battalion, it was cited for occupation credit in Germany from 2 May 1945 to 19 September 1945.  



11.  The FSM’s WD AGO Form 53-55 shows that he was awarded the European-African-Middle Eastern Campaign Medal with Five Bronze Service Stars.  However, Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that a silver service star is worn in lieu of five bronze service stars.

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 time limitation on requests for award of the Purple Heart.

13.  Army Regulation 600-8-22 also provides, in pertinent part, that the Army of Occupation Medal is awarded for service in Germany (exclusive of Berlin) between 9 May 1945 and 5 May 1955, and that service between 9 May 1945 and 
8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.  It further states that Soldiers who served in the European Theater during the occupation of Europe will wear the clasp inscribed "Germany."

DISCUSSION AND CONCLUSIONS:

1.  The applicant, the daughter of a deceased FSM, contends that he should be awarded the Purple Heart. 

2.  While the Board does not doubt the veracity of the applicant’s claim that her late father is entitled to award of the Purple Heart, there is no evidence in the available records, and the applicant has failed to provide any evidence which conclusively shows the FSM sustained wounds as a result of hostile action, and that treatment for any wounds was made a matter of official record.  Regrettably, absent such evidence, there is an insufficient basis for awarding the Purple Heart to the FSM in this case.

3.  During World War II the FSM’s unit was accredited with occupation credit in Germany.  He also was awarded the European-African-Middle Eastern Campaign Medal for service before 9 May 1945.  Therefore, he is entitled to award of the Army of Occupation Medal with Germany Clasp, and correction of his military records to show the award of the Army of Occupation Medal with Germany Clasp.

4.  The FSM participated in five campaigns in the European Theater of Operations during World War II, but his military records incorrectly show that he was awarded the European-African-Middle Eastern Campaign Medal with Five Bronze Service Stars instead of one Silver Service Star.  Therefore, he is entitled to correction of his military records to show the award of the European-African-Middle Eastern Campaign Medal with one Silver Service Star instead of the European-African-Middle Eastern Campaign Medal with five Bronze Service Stars.

5.  Evidence shows that the FSM’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the FSM’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

6.  Records show the FSM should have discovered the alleged error or injustice now under consideration on 12 November 1945, the date of his relief 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 19 March 1979; therefore, the time for his next of kin to file a request for correction of any error or injustice expired on 18 March 1982.  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 are no time limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__JS____  __DH ___  ___JH___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive failure to timely file in this case.

2.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned to show award of the Purple Heart.

3.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by:

	a.  awarding him the Army of Occupation Medal with Germany Clasp; and

	b.  showing the award of the European-African-Middle Eastern Campaign Medal with one Silver Service Star, and deleting the entry showing the award of the European-African-Middle Eastern Campaign Medal with five Bronze Service Stars.




_______ John Slone__________
          CHAIRPERSON




INDEX

CASE ID
AR20060012542
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070419
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY WITH ADMIN NOTE
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0015.0000
2.
107.0067.0000 (w/ Germany Clasp)
3.
107.0065.0000 (correct service stars)
4.
110.0400.0000
5.

6.