RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 September 2007
	DOCKET NUMBER:  AR20070002722 


	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

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Mr. Chester A. Damian

Member

Mr. Edward E. Montgomery

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, award of the Purple Heart. 

2.  The applicant states, in effect, that it clearly states on his separation physical examination, “[w]ound, lacerated, left hand, enemy action; shell fragment, September 1944, Belgium,” which entitles him to award of the Purple Heart.

3.  The applicant provides a copy of his WD AGO 53-55 (Enlisted Record and Report of Separation Honorable Discharge), with an effective date of 5 October 1945; WD AGO Form 0708 (Record of Award of Decoration), dated
16 December 1944; and WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), dated 4 October 1945.
 
CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant'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 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.

3.  The applicant’s WD AGO Form 53-55 shows that he was inducted into the Armed Forces and entered into active service on 2 February 1942.  Item 4 (Arm or Service) shows he served in the Infantry Branch of the Army of the United States.  The applicant was assigned to Company E, 18th Infantry Regiment,
1st Infantry Division, and served in the European Theater of Operations from
6 August 1942 through 9 September 1945.  The applicant was honorably discharged on 5 October 1945 after completing 3 years, 8 months, and 4 days total service for pay.

4.  Item 31 (Military Qualification and Date) of the applicant's WD AGO Form
53-55 contains the entry, “RIFLE EXPERT 1945  RIFLE M1 SS 45  CARBINE EXP 45 AUTOMATIC.”  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows that he participated in eight campaigns:  Air Offensive Europe, Tunisia, Sicily, Normandy, Northern France, Rhineland, Ardennes, and Central Europe.  Item 33 (Decorations and Citations) shows that the applicant was awarded the Bronze Star Medal, Good Conduct Medal, Distinguished Unit Citation with 1 Oak Leaf Cluster, and European-African-Middle Eastern Campaign Medal with bronze (assault) arrowhead and 8 bronze service stars.  Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55 contains the entry "NONE.”

5.  The applicant’s military service records contain a partial WD AGO Form 24 (Service Record).  Page 6, Insert to WD AGO Form 24, shows, in pertinent part, that the applicant left France on 4 September 1944 and arrived in Belgium on
5 September 1944.

6.  The applicant's military service records contain a copy of Headquarters,
18th Infantry, U.S. Army, Recommendation for Award, dated 24 November 1944, with endorsements 1 - 3.  This documentation shows that the applicant was awarded the Bronze Star Medal for heroic achievement in connection with military operations against the enemy, in the vicinity of Verlautenheide, Germany, on 11 October 1944.

7.  The applicant's military service records contain a copy of a Report of Physical Examination, dated 24 March 1945, administered for the purpose of the applicant attending Officer Candidate School.  Item 7 (Medical History) contains the entry “Non-contributory”; Item 17 (Skin and lymphatics) and Item 18 (Bones, joints, and muscles) both contain the entry “Normal”; and Item 24 (Remarks on defects not sufficiently described) contains the entry “None.”  This document also shows that it was signed by the two medical corps officers who conducted and reviewed the applicant’s physical examination. 

8.  The applicant's military service records contain a copy of WD AGO Form 106 (Request for Decoration and/or Citation), dated 5 October 1945, which shows the applicant initiated a claim for award of the Purple Heart for injuries sustained on
4 September 1944.  His records also contain documentation that shows the Decorations and Awards Sub-branch, Purple Heart Section, New York, New York; Casualty Branch, Washington, DC; and Records Service Branch, Washington, DC, failed to locate any documentary evidence to verify that the applicant received wounds in action on 4 September 1944.  This documentation also shows that, on 11 December 1946, the applicant was advised that he was  not entitled to the Purple Heart.

9.  In support of his application, the applicant provides copies of his WD AGO
53-55, with an effective date of 5 October 1945, and WD AGO Form 0708, dated 16 December 1944, that, in pertinent part, serve to substantiate award of the Bronze Star Medal to the applicant for his heroic achievement in connection with military operations against the enemy, in the vicinity of Verlautenheide, Germany, on 11 October 1944.  The WD AGO Form 38, dated 4 October 1945, in pertinent part, shows in the Statement and Medical History of Examinee section, Item 11 (List all significant diseases, wounds, and injuries.  State circumstances under which wounds or injuries were incurred and date of onset.), that the applicant claimed, “[w]ound, lacerated, left hand, enemy action, shell fragment, September 1944, Belgium.  First Aid.”  The Record of Physical Examination section, Item 15 (Skin), contains the entry, “Scar, small dorsal, left hand.  NSND.  IMS.”  This document also shows that it was signed by the medical corps officer who conducted the applicant’s separation physical examination. 

10.  Review of the applicant's records reveals that he may be entitled to additional awards which are not shown on his WD AGO Form 53-55.

11.  The applicant's military service records contain a copy of Headquarters,
18th Infantry, U.S. Army, General Orders Number 14 (Extract), dated 1 August 1944, which shows the applicant was awarded the Combat Infantryman Badge, effective 6 June 1944.  The applicant’s records also contain a copy of Headquarters, 18th Infantry, U.S. Army, General Orders Number 24 (Extract), dated 10 September 1944, which rescinded Headquarters, 18th Infantry, U.S. Army, General Orders Number 14 (Extract), dated 1 August 1944.  However, the applicant’s military service records also contain a copy of Headquarters, 18th Infantry, U.S. Army, General Orders Number 24 (Extract), dated 10 September 1944, which shows the applicant was awarded the Combat Infantryman Badge, effective 1 January 1944, for exemplary conduct in ground combat against the enemy.

12.  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.  

13.  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.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with award of the Bronze Star Medal.  

15.  Army Regulation 600-8-22 also states, in pertinent part, that an oak leaf cluster is awarded to denote each succeeding award of certain decorations, among which is the Bronze Star Medal.

16.  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.

17.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States (CONUS) for the specific time frames and areas of operation cited in Army Regulation 670-1, or appropriate Department of the Army message.  For World War II service, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service outside CONUS from 7 December 1941 to 2 September 1946.  For credit toward the Overseas Service Bar, service is computed between dates of departure from, and arrival at, a port in the United States or the boundary of CONUS.


18.  Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.

19.  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 by military medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart because his separation physical examination contains an entry that reads, “[w]ound, lacerated, left hand, enemy action; shell fragment, September 1944, Belgium.”

2.  The evidence of record shows that on 25 March 1945, at the time of the applicant’s physical examination for attending Officer Candidate School, the medical corps officer who examined the applicant indicated that the applicant’s medical history was “non-contributory” and that his skin was “normal.”  In this regard, the examining medical official made no record of a scar on the applicant’s left hand.

3.  The evidence of record shows that at the time of the applicant’s physical examination for separation processing, on 5 October 1945, the applicant indicated he had been wounded in his left hand as a result of enemy action, in September 1944, in Belgium.

4.  The evidence of record shows that the applicant was serving in France on
4 September 1944, departed France on that date, and arrived in Belgium on
5 September 1944.

5.  The evidence of record also shows that as a result of the applicant’s claim for award of the Purple Heart based on wounds received on 4 September 1944, an exhaustive records search was conducted by Army officials in an effort to locate documentary evidence to verify that the applicant received wounds in action on
4 September 1944.  This records search was initiated immediately following the applicant’s discharge, on 5 October 1945, and spanned a period of time of more than 1 year and involved several relevant Army offices.  However, this records search failed to locate any documentary evidence to verify that the applicant received wounds in action on 4 September 1944.  This documentation also shows that, on 11 December 1946, the applicant was advised that he was  not entitled to the Purple Heart.

6.  In view of all of the foregoing, the evidence of record fails to support the applicant's claim.  There is no official documentary evidence in the applicant's military service records that supports his contention that he sustained a wound as a result of hostile action, was treated for a wound by military medical personnel, or that the medical treatment was made a matter of official record.  Therefore, absent corroborating evidence that shows the applicant was wounded in action or treated for wounds due to hostile action on 4 September 1944 in Belgium, there is no basis for award of the Purple Heart in this case.

7.  The evidence of record shows that the applicant was awarded the Bronze Star Medal for heroic actions in connection with military operations against the enemy, in the vicinity of Verlautenheide, Germany, on 11 October 1944.

8.  The evidence of record shows that General Orders awarded the applicant the Combat Infantryman Badge, effective 1 January 1944, based on his exemplary conduct in ground combat against the enemy.  However, the Combat Infantryman Badge is not recorded in Item 31 of the applicant’s WD AGO Form 53-55.  The evidence of record also shows that an award of the Combat Infantryman Badge is considered to be a citation in orders.  However, there is no evidence of record showing that the applicant received a second award of the Bronze Star Medal.  Therefore, the applicant is entitled to a second award of the Bronze Star Medal for meritorious service in ground combat during World War II.

9.  The evidence of record shows that the applicant's service qualifies him for award of the World War II Victory Medal.  Therefore, he is entitled to correction of his records to show award of this service medal.

10.  The evidence of record shows that the applicant is credited with 38 months foreign service during World War II for purposes of awarding the Overseas Service Bar.  Therefore, he is entitled to correction of his records to show award of 6 Overseas Service Bars.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___RTD _  ___CAD_  ____EEM   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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Bronze Star Medal for meritorious service in ground combat from 1 January 1944 through 31 August 1944;

	b.  correcting his WD AGO Form 53-55 to delete the Bronze Star Medal; and

	c.  correcting his WD AGO Form 53-55 to add the Bronze Star Medal with 1 Oak Leaf Cluster and “V” Device, Combat Infantryman Badge, World War II Victory Medal, and 6 Overseas Service Bars.

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 the Purple Heart.




____Richard T. Dunbar_____
          CHAIRPERSON




INDEX

CASE ID
AR20070002722
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/09/27
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19451005
DISCHARGE AUTHORITY
AR 615-365
DISCHARGE REASON
Convenience of Government, RR1-1, Demob.
BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0015.0000
2.

3.

4.

5.

6.