RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 April 2007
	DOCKET NUMBER:  AR20060012882 


	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

Mr. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. John Infante

Chairperson

Ms. Susan A. Powers

Member

Mr. Qawiy A. Sabree

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 his WD AGO 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to show a second award of the Purple Heart (in effect, a Purple Heart with Oak Leaf Cluster), and the Prisoner of War (POW) Medal.

2.  The applicant states, in effect, that he was wounded twice, once near San Loo road near Normandy Beach on 4 July 1944, and the second time when he was captured by the Germans near Malmady on or about 17 December 1944.  He states, in effect, he was shot after being interrogated but he escaped by crawling 600 yards back to their lines.

3.  The applicant does not provide any additional documentation. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 14 May 1947.  The application submitted in this case is dated 1 September 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 personnel records were not available and may have been lost or destroyed in a fire at the National Personnel Records Center in 1973.  The primary record available to this Board is the applicant’s WD AGO Form 53-55 and a Surgeon General Office (SGO) Hospital File Listings.

3.  The applicant's reconstructed records show that he was inducted on 6 April 1943 and entered active duty on 13 April 1943.  He was awarded the military occupational specialty 745 (Rifleman).

4.  He was honorably discharged from active duty after serving a total of 4 years, 1 month, and 9 days of active service.


5.  Item 6 (Organization) of the applicant's WD AGO 53-55 shows his last significant duty assignment was with Company C, 38th Infantry.  He served in the European-African-Middle Eastern Theater during the period 16 April 1944 to  
8 February 1945.  

6.  Item 31 (Military Qualification and Date) of the applicant's WD  
AGO 53-55 shows he was awarded the Combat Infantryman Badge.

7.  Item 32 (Battles and Campaigns) of the applicant's WD AGO 53-55 shows he participated in the Normandy, Northern France, and Ardennes campaigns.

8.  Item 33 (Decorations and Citations) of the applicant's WD AGO 53-55 shows the applicant was awarded the Purple Heart, Good Conduct Ribbon, American Theater Ribbon, and European-African-Middle Eastern Theater Ribbon with three Bronze Battle Stars.  However, it does not show he was awarded the Purple Heart with Oak Leaf Cluster.

9.  Item 34 (Wounds Received in Action) of the applicant's WD  
AGO 53-55 shows the entry European Theater 17 December 1944.

10.  There are no medical records available; however, the SGO hospital file listings show that the applicant was treated on August 1944 for psychoneurosis.  The SGO hospital file listings do not show that the applicant was admitted for an injury or a wound incurred as a result of hostile action on August 1944.

11.  Psychoneurosis is a minor mental disorder characterized by inner struggles and disturbed social relationship.

12.  The SGO hospital file listings show that the applicant was wounded in December 1944.  He was treated and was awarded the Purple Heart for his injury as recorded in item 33 of the WD AGO 53-55.

13.  No records have been found to show that the applicant was a POW.

14.  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 are no time limitations on requests for award of the Purple Heart.

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

16.  Army Regulation 600-8-22 also 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.

17.  Army Regulation 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to an award of the Purple Heart with Oak Leaf Cluster.

2.  There is no evidence in his reconstructed records which shows he was wounded, or injured as a result of hostile action, or treated for such wounds near San Loo road near to Normandy beach on 4 July 1944.  Therefore, he is not entitled to an award of the Purple Heart with Oak Leaf Cluster.

3.  There is no evidence to show that the applicant was a POW.  Therefore, he is not entitled to an award of the POW Medal.

4.  Evidence shows 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.

5.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’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 applicant should have discovered the alleged error or injustice now under consideration on 14 May 1947; therefore, the time for the applicant to file a request for correction of any error or injustice expired on  
13 May 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 are no time limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___sap __  ___ji____  ____qas_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

2.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determines the overall merits of this case are insufficient as basis for correction of the records of the individual concerned to show award of the Purple Heart with Oak Leaf Cluster and POW Medal.

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 showing award of the Bronze Star Medal.




__________John Infante____________
          CHAIRPERSON




INDEX

CASE ID
AR20060012882
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070403
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.