RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  7 June 2007
	DOCKET NUMBER:  AR20060016893 


	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:


Ms. Carmen Duncan

Chairperson

Mr. Michael Flynn

Member

Mr. Jeffrey Redmann

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 Bronze Star Medal (based on award of the Combat Infantryman Badge), the Prisoner of War (POW) Medal, and two awards of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster).   

2.  The applicant states that he was awarded these decorations.   

3.  The applicant provides award certificates for the Purple Heart and Bronze Star Medal; a DA Form 1577 (Authorization for Issuance of Awards), dated 
6 March 1987; and a copy of a WD AGO Form 53-55.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
14 November 1945.  The application submitted in this case is dated 
30 November 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 29 March 1944.  He served in the European Theater of Operations from 24 October 1944 through 12 April 1945 and was honorably discharged on 14 November 1945.  

5.  The applicant’s WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal with three bronze service stars, the American Campaign Medal, and the World War II Victory Medal as authorized 
awards.  Item 34 (Wounds Received in Action) on the applicant’s WD AGO Form 53-55 shows the entry, “None.”  His WD AGO Form 53-55 also shows that he received the Combat Infantryman Badge.         

6.  In support of his claim, the applicant provided award certificates for the Bronze Star Medal and the Purple Heart for wounds received on 16 December 1944 in Germany.  He also provided a DA Form 1577 which states, in pertinent part, that a medal for POWs had been authorized.   

7.  A Western Union telegram, dated 3 March 1945, states the applicant was a POW of the German Government.

8.  U.S. Army Military Personnel Center Permanent Orders 57-7, dated 2 April 1986, show the applicant received the Purple Heart for wounds received in action on or about 16 December 1944. 

9.  There is no evidence of record which shows he was wounded a second time as a result of hostile action.  

10.  Army Regulation 600-8-22 (Military Awards) 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.

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

12.  Army Regulation 600-8-22 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 states, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  Based on award of the Combat Infantryman Badge, the applicant is entitled to the Bronze Star Medal.  Therefore, his WD AGO Form 53-55 should be corrected to show this medal.

2.  The Western Union telegram which shows the applicant was a POW is accepted as sufficient evidence on which to amend his WD AGO Form 53-55 to show the POW Medal.

3.  Orders show the applicant received the Purple Heart for wounds received on or about 16 December 1944.  There is no evidence of record which shows that he was wounded as a result of hostile action on any date other than 
16 December 1944.  Therefore, his WD AGO Form 53-55 should be corrected to show one award of the Purple Heart.  There is insufficient evidence on which to base a second award of the Purple Heart in this case.  

4.  Records show the applicant should have discovered the alleged errors now under consideration on 14 November 1945; therefore, the time for the applicant to file a request for correction of any error or injustice 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:

________  ________  ________  GRANT FULL RELIEF 

CD_____  __MF____  _JR_____  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:

	a.  amending his WD AGO Form 53-55 to add the Bronze Star Medal (based on award of the Combat Infantryman Badge), the POW Medal, and the Purple Heart;

	b.  deleting the entry, “None” in item 34 on his WD AGO Form 53-55; and

	c.  adding the entry, “16 December 1944, Germany” in item 34 on his WD AGO Form 53-55. 

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 a second award of the Purple Heart.  



__Carmen Duncan_______
          CHAIRPERSON




INDEX

CASE ID
AR20060016893
SUFFIX

RECON

DATE BOARDED
20070607
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.