RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2007
	DOCKET NUMBER:  AR20060015077 


	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. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. James E. Vick

Chairperson

Mr. Patrick H. McGann

Member

Mr. Gerald J. Purcell

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, in effect, that the records of her deceased brother, a former service member (FSM), be corrected to show award of the Distinguished Service Cross and Purple Heart.

2.  The applicant states, in effect, that the Army does not appear to have any record of these awards because the FSM's records were destroyed in the fire at the National Personnel Records Center on 12 July 1973.  The applicant adds, in effect, that correcting this error would serve to do justice for the memory of her brother, his personal sacrifice for his country, and their family's legacy.

3.  The applicant provides a copy of a letter from Major General Thomas R. L_____, The Quartermaster General, dated 26 June 1947; QMC Form 1194 (Disinterment Directive), dated 26 September 1947; a photograph from The Chicago Sun, dated 27 September 1943; and an undated newspaper article (circa March 1948).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on
5 January 1943, the date the FSM was officially declared killed in action.  The application submitted in this case is dated 18 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 service records are not available to the Board 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 for the Board to conduct a fair and impartial review of this case.

4.  The FSM's record contains a War Department Form Number 370 (Final Pay Statement), Voucher Number 20394, dated February 1943.  This document shows, in pertinent part, that the FSM was accepted for induction into the Army at Chicago, Illinois on 2 April 1941.  This document also shows that the FSM was assigned to Company E, 132nd Infantry Regiment, and attained the rank of corporal.  This document further shows that the FSM died at Guadalcanal, Solomon Islands, on 3 January 1943.

5.  The FSM's record contains an extract of "Information from the Hospital Admission Cards Created by the Office of The Surgeon General, Department of the Army, Information for the Year 1943."  This document shows that the FSM was an infantryman, serving in the Solomon Islands (i.e., in the Pacific Theater of Operations) when he was killed in action in January 1943.

6.  The FSM's record contains a copy of National Personnel Records Center (NPRC), Military Personnel Records, St. Louis, Missouri letter, dated 20 July 2006, which shows the NPRC verified the FSM's entitlement to the Good Conduct Medal, American Campaign Medal, Asiatic-Pacific Campaign Medal, Word War II Victory Medal, and the World War II Honorable Service Lapel Button.

7.  In the processing of this case, coordination was made with the U.S. Army Human Resources Command (USA HRC), Military Awards Branch, Alexandria, Virginia, concerning award of the Distinguished Service Cross to the FSM.  Their research confirmed that Headquarters, United States Army Forces In South Pacific Area (USAFISPA), General Orders Number 154, dated 23 June 1943, announced the posthumous award of the Distinguished Service Cross to Edward J. K________, (3601####), Corporal, Infantry, United States Army, for extraordinary heroism on 2 January 1943, in the vicinity of Mount Austen, Guadalcanal.  The award citation reads, "[i]n order to resist an expected night attack, the leader of the platoon of which Corporal K________ was a member, called for volunteers to remain forward while the balance of the platoon withdrew a short distance to higher ground to a defensive position.  Corporal K________ and one other soldier volunteered for this duty.  Shortly thereafter, with the enemy advancing to get into position for a flank attack, Corporal K________ was wounded in the leg by enemy machine gun fire.  Although wounded, he proceeded in the direction of a cry, thinking it was from his comrade.  The call had been made by the enemy and Corporal K________ was led into a trap.  However, the number of enemy dead later found near him revealed the valiant efforts put forth in the attempt by Corporal K________ to perform his assigned task.  He continued to repulse the enemy, though at cost of his own life."

8.  Review of the FSM's military service record reveals that he may be entitled to additional awards that are not shown in his record.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, lists, in pertinent part, campaign participation credit for units serving in World War II.  This document shows that at the time of the FSM's assignment to Company E, 132nd Infantry Regiment, the unit was credited with participating in the Guadalcanal campaign.

10.  In support of her application, the applicant provides a copy of a letter from Major General Thomas R. L_____, The Quartermaster General, dated 26 June 1947, and QMC Form 1194, dated 26 September 1957, that, in pertinent part, show the FSM "gave his life in the service of his country" and that the date of his death was established as 5 January 1943.  The applicant also provides a copy of a photograph from The Chicago Sun, dated 27 September 1943, and newspaper article (circa March 1948) that, in pertinent part, show Lieutenant Elmer R. H____ presented the Distinguished Service Cross to the FSM's parents and describes the FSM's heroic actions.

11.  Paragraph 12 of Army Regulation 600-45 (Decorations) governed award of the Distinguished Service Cross at the time in question.  The regulation states that the Distinguished Service Cross is awarded to any person who, while serving in any capacity with the Army of the United States, shall have distinguished himself or herself by extraordinary heroism in connection with military operations against an armed enemy.  Paragraph 12b states the standards for this award as “The act or acts of heroism performed must have been so notable and have involved the risk of life so extraordinary as to set the individual apart from his or her comrades."

12.  The Purple Heart was established by General George Washington at Newburgh, New York on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.  There are no time limitations for requests for award of the Purple Heart.

13.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  War Department Circular 186 (1944), further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.

14.  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.  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.

15.  Army Regulation 600-8-22, in pertinent part, authorizes award of the Asiatic-Pacific Campaign Medal for qualifying service in the Asiatic-Pacific Theater of Operations for the period between 7 December 1941 and 2 March 1946. Qualifying service for this award includes permanent assignment in the theater, service in a passenger or a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit showing actual participation in combat.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Asiatic-Pacific Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the records of her deceased brother, a FSM, should be corrected to show award of the Distinguished Service Cross and Purple Heart.

2.  The evidence of record shows that General Orders awarded the FSM the Distinguished Service Cross for extraordinary heroism in action on 2 January 1943.  Therefore, the FSM's records should be corrected to show this award.

3.  The evidence of record shows that the General Orders awarding the FSM the Distinguished Service Cross also provide evidence that the FSM died as a result of hostile action on 2 January 1943.  Therefore, the FSM's records should be corrected to show award of the Purple Heart for wounds received in action on
2 January 1943.

4.  The evidence of record shows that the FSM served as an infantryman, that he was assigned to an infantry unit from 1 December 1942 to 2 January 1943, and that he demonstrated exemplary conduct in action against the enemy in the vicinity of Mount Austen, Guadalcanal during World War II.  Therefore, the FSM's records should be corrected to show award of the Combat Infantryman Badge.

5.  The evidence of record shows that a Soldier awarded the Combat Infantryman Badge for exemplary conduct in action against the enemy during World War II is considered to be a citation in orders and authorization for award of the Bronze Star Medal.  Therefore, the FSM's records should be corrected to show award of the Bronze Star Medal, based on award of the Combat Infantryman Badge, for meritorious achievement for the period 1 December 1942 to 2 January 1943.

6.  The evidence of records shows that while the FSM was assigned to Company E, 132nd Infantry Regiment, the unit participated in the Guadalcanal campaign. Therefore, the FSM's records should be corrected to show award of the Asiatic-Pacific Campaign Medal with 1 bronze service star.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 5 January 1943, the date the FSM was officially declared killed in action.  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:

___JEV__  ___PHM_  ___GJP_  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:

	a.  issuing a DA Form 4980-2 (Distinguished Service Cross Certificate) and Citation showing award of the Distinguished Service Cross for extraordinary heroism on  2 January 1943;

	b.  issuing a DA Form 4980-10 (Purple Heart Certificate) and orders showing award of the Purple Heart for wounds received in action on 2 January 1943 at Guadalcanal, Solomon Islands;

	c.  issuing a DA Form 4980-5 (Bronze Star Medal Certificate) and orders showing award of the Bronze Star Medal, based on award of the Combat Infantryman Badge, for meritorious achievement for the period 1 December 1942 to 2 January 1943;

	d.  issuing orders showing award of the Combat Infantryman Badge for 
exemplary conduct in action against the enemy during World War II, from
1 December 1942 to 2 January 1943;

	e.  issuing an appropriate document to show award of the Distinguished Service Cross, Bronze Star Medal, Purple Heart, Combat Infantryman Badge, and Asiatic-Pacific Campaign Medal with 1 bronze service star; and

	f.  forwarding the corresponding documents and award elements to the FSM's next of kin.




_____James E. Vick_______
          CHAIRPERSON




INDEX

CASE ID
AR20060015077
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/04/24
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0002.0000
2.
107.0015.0000
3.

4.

5.

6.