RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 May 2007
	DOCKET NUMBER:  AR20060015586 


	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

Ms. Wanda L. Waller

Analyst


The following members, a quorum, were present:


Mr. Kenneth Wright

Chairperson

Mr. Patrick McGann

Member

Ms. Karmin Jenkins

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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart. 

2.  The applicant states that he was awarded the Purple Heart for wounds incurred during combat operations in Germany.  He contends that he received the Purple Heart while hospitalized in England and that the award was presented without any orders or other supporting documentation.  

3.  The applicant provides a copy of his WD AGO Form 53-55.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
4 June 1945.  The application submitted in this case is dated 18 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 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 applicant’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 applicant was inducted on 1 December 1942 and entered active duty on 8 December 1942.  He served in the European Theater of Operations from 
7 September 1944 through 7 March 1945 and was honorably discharged on 
4 June 1945.  

5.  The applicant’s WD AGO Form 53-55 shows his branch of service was infantry and his military occupational specialty (MOS) was squad leader.  His WD AGO Form 53-55 shows the Good Conduct Medal, the Expert Infantryman Badge, and the European-African-Middle Eastern Campaign Medal with two bronze service stars as authorized awards.  Item 34 (Wounds Received in Action) on his WD AGO shows the entry, “LWA [lightly wounded in action] 
17 Nov 44 in Germany.”                     

6.  There are no orders for the Purple Heart in the available records.  However, the Office of The Surgeon General Hospital List shows the applicant was hospitalized in the European Theater of Operations in November 1944 as a battle casualty.  

7.  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.  

8.  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.  Additionally, World War II holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay and holders of the Expert Infantryman Badge were entitled to expert infantry pay.  Therefore, soldiers had economic as well as intangible reasons to ensure that their records were correct. Thus, pay records are frequently the best available source to verify entitlement to this award.  The Awards Branch, U.S. Army Human Resources Command, has advised in similar cases that, during World War II, the Combat Infantryman Badge was normally awarded only to enlisted individuals who served in the following positions:

    a.  Light machine gunner (604)
    b.  Heavy machine gunner (605)
    c.  Platoon sergeant (651)
    d.  Squad leader (653)
    e.  Rifleman (745)
    f.   Automatic rifleman (746)
    g.  Heavy weapons NCO (812)
    h.  Gun crewman (864)

9.  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.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The medical evidence of record and the entry in item 34 on the applicant’s WD AGO Form 53-55 which show the applicant was wounded as a result of hostile action on 17 November 1944 in Germany are accepted as sufficient evidence on which to award the Purple Heart.  Therefore, the applicant’s WD AGO Form 53-55 will be corrected to show this award.    

2.  The applicant’s WD AGO Form 53-55 shows that his branch of service was infantry, his MOS was squad leader, and he was wounded in action.  Therefore, there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

3.  Based on award of the Combat Infantryman Badge, the applicant is entitled to award of the Bronze Star Medal.  

4.  The applicant served a period of qualifying service for award of the World War II Victory Medal.

5.  Records show the applicant should have discovered the alleged error now under consideration on 4 June 1945; therefore, the time for the applicant to file a request for correction of any error expired on 1 January 1950 (3 years after the Board was established on 2 January 1947).  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:

KW_____  ____PM__  _KJ___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

	a.  awarding him the Purple Heart for wounds received in action on 
17 November 1944 in Germany; 

	b.  awarding him the Combat Infantryman Badge; and 

	c.  amending his WD AGO Form 53-55 to add the Purple Heart, the Combat Infantryman Badge, the Bronze Star Medal (based on award of the Combat Infantryman Badge), and the World War II Victory Medal.




___Kenneth Wright_____
          CHAIRPERSON




INDEX

CASE ID
AR20060015586
SUFFIX

RECON

DATE BOARDED
20070510
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.
107.0000
3.

4.

5.

6.