RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  21 June 2007
	DOCKET NUMBER:  AR20070000311 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Ms. Sherri V. Ward

Chairperson

Mr. Richard T. Dunbar

Member

Mr. David W. Tucker

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, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show that he was awarded the Purple Heart.

2.  The applicant states, in effect, that he was given a Purple Heart in the hospital in Belgium but it was not added to his records.

3.  The applicant provides no additional documentation in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 21 January 1946, the date of his separation from active duty.  The application submitted in this case is dated 20 December 2006 but was received for processing on 5 January 2007.

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 were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 9 March 1943 and entered active duty on 16 March 1943.  He served in the European Theater of Operations (ETO) from 13 May 1944 to 17 January 1946.  While in service, he served in military occupational specialty 677, as a Military Policeman.  He was honorably separated on 21 January 1946.

4.  The applicant’s WD AGO Form 53-55 shows that he was credited with participation in three campaigns of World War II.  He was awarded the American Service Medal, the European-African-Middle Eastern Campaign Medal, the Good Conduct Medal, the World War II Victory Medal, and the Combat Infantryman Badge.  His WD AGO Form 53-55 does not show the Purple Heart.  

5.  Item 34 (Wounds Received in Action), of his WD AGO Form 53-55, shows no entry.  There is no record that the applicant was awarded the Purple Heart.  There also is no evidence in his records to show he was wounded or treated for wounds as a result of hostile action.

6.  A review of his WD AGO Form 24 (Service Record) failed to indicate that he received any wounds or injuries during his service or that he was treated for such prior to his separation from active duty.

7.  The applicant’s records contain a copy of a 30th General Hospital Form 55 (Abstract Record of Hospitalization and Notification of Hospital Discharge), dated 15 January 1944, which indicated that he was admitted to the hospital on 22 December 1944.  He was diagnosed with psychoneurosis, anxiety state, acute, moderately severe, and rhinitis, allergic, bilateral, chronic, cause undetermined.  There is no indication he was awarded the Purple Heart.  He was returned to duty with limited assignment to non-combatant duties.

8.  Other medical records pertaining to the applicant are unavailable for review.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against the enemy or 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 is no statute of limitations on requests for award of the Purple Heart. 

10.  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.




11.  While the applicant was serving in the ETO he participated in the Normandy, Northern France, and Rhineland campaigns. 

12.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant alleges that he was given a Purple Heart in the hospital in Belgium but it was not added to his records.  However, he has provided no evidence, and there is none, to support his allegation. 

2.  The medical evidence in the available records shows the applicant was diagnosed as having psychoneurosis and rhinitis and was not awarded the Purple Heart.  There is insufficient evidence to show he was injured or wounded in combat due to hostile action during World War II.  Therefore, based on the evidence of record the applicant does not qualify for award of the Purple Heart.  

3.  The applicant's WD AGO Form 24 has no record he was ever wounded or injured during his service or that he was treated for such prior to his separation from active duty.

4.  The evidence shows the applicant was awarded the Combat Infantryman Badge during World War II.  Based upon the special provisions of the awards regulation which considers award of the Combat Infantryman Badge a citation in orders, the applicant is entitled to award of the Bronze Star Medal and to have this award added to his WD AGO Form 53-55.

5.  The applicant's WD AGO Form 53-55 shows that he was awarded the EAME Campaign Medal.  However, he participated in three campaigns:  the Normandy, Northern France, and Rhineland.  He is therefore, entitled to award of three bronze service stars to be affixed to the already-awarded EAME Campaign Medal.







6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 21 January 1946, the date of his separation from active duty.  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.  The applicant did not file within the 3-year statute of limitations.  However, since award of the Purple Heart is not governed by a statute of limitations, it is appropriate to waive failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__SW___  __RTD__  __DWT__  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 awarding the applicant the European-African-Middle Eastern Campaign Medal, with three bronze service stars; and the Bronze Star Medal, based on award of the Combat Infantryman Badge; and adding these awards to 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 award of the Purple Heart to the applicant and its addition to his WD AGO Form 53-55.




______Sherri V. Ward         _
          CHAIRPERSON




INDEX

CASE ID
AR20070000311
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070621
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19460121
DISCHARGE AUTHORITY
AR 615-365
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.