RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  23 August 2007
	DOCKET NUMBER:  AR20070003057 


	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. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Mr. Richard T. Dunbar

Member

Mr. John T. Meixell

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 her father's records, a former service member (FSM), to show award of the Purple Heart, the Bronze Star Medal, the American Campaign Medal, the World War II Victory Medal, and the Army of Occupation Medal.

2.  The applicant states that the FSM spent 6 months in a hospital during his military service and that some awards were either not given to him or were made after the war was over.

3.  The applicant provides copies of her Certificate of Birth, the FSM's Certificate of Death, her mother's Certificate of Death, the FSM's DD Form WD AGO Form 53-55 (Enlisted Record and Report of Separation), the FSM's WG AGO Form 108 (Request for Decoration and/or Action), and the National Personnel Records Center letter dated 1 February 2007, in support of her application.

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 FSM's complete military records are not available 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, those remaining documents together with the applicant's submitted documents were sufficient in a reconstructed record to conduct a fair and impartial review of this case.

3.  The FSM's WD AGO Form 53-55 shows he was inducted in the Army of the United States on 26 November 1941 at Fort Oglethorpe, Georgia.  He entered active duty on 26 November 1941 in military occupational specialty (MOS) 745 (Rifle Squad Leader).  This form also shows that he was assigned to Company K, 34th Infantry.

4.  The FSM's WD AGO Form 53-55 further shows he served in the European-African-Middle-Eastern (EAME) Theater during the period 22 October 1944 through 27 June 1945

5.  The FSM's WD AGO Form 53-55 shows he completed 3 years, 2 months, and 2 days of continental service and 8 months and 11 days of foreign service.  He was honorably separated on 8 October 1945.

6.  Item 32 (Battles and Campaigns) of the FSM's WD AGO Form 53-55 shows he participated in the Ardennes and Rhineland campaigns.

7.  Item 31 (Military Qualifications and Date) of the FSM's WD AGO Form 53-55 shows the FSM was awarded the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) and the Expert Marksmanship Qualification Badge with Machine Gun Bar (30-Cal).

8.  Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55 shows the FSM was awarded the American Defense Service Medal, the European-African-Middle Eastern Campaign Medal and the Good Conduct Medal.  Item 33 does not show the applicant was awarded the Purple Heart, the Bronze Star Medal, the American Campaign Medal, the World War II Victory Medal, or the Army of Occupation Medal.

9.  Item 34 (Wounds Received in Action) of the FSM's WD AGO Form 53-55 contains the entry "17 March 1945, European-African-Middle Eastern Theater."

10.  The FSM's Hospital Admissions Card created and maintained by the Office of the Surgeon General of the Army shows that the FSM was admitted as a battle casualty on 17 March 1945 for penetrating wounds in his abdominal wall, resulting from a rifle bullet. 

11.  The FSM's DA Form 106, shows that the FSM submitted this form on 4 October 1945 requesting he be awarded the Purple Heart.  He further stated on the form that in May 1945, he was treated for wounds at the 887th Convalescent Hospital, England, which was not shown on his service records.  A certifying officer placed his signature on the form certifying that the FSM had not received the requested award before.

12.  The applicant submitted a copy of the National Personnel Records Center, Saint Louis, Missouri, dated 1 February 2007, indicating that the FSM is entitled to award of the Bronze Star Medal, the American Campaign Medal, the World War II Victory Medal, the Army of Occupation Medal with Germany Clasp, and the Army Lapel Button, in addition to those awards shown on his WD AGO Form 53-55.

13.  Army Regulation 672-5-1 (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 been treated by a medical officer, and the medical treatment must have been made a matter of official records.  This regulation also provides that there is no time limitation on requests for award of the Purple Heart.

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 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  The World War II Victory Medal was established by the act of Congress on 6 July 1945.  It was awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.  

17.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.  

18.  Army Regulation 600-8-22, 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.  A silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's records contain sufficent evidence showing that the FSM was wounded as a result of hostile action, was treated by a medical officer, and the medical treatment was made a matter of official records.  Therefore, the FSM is entitled to award of the Purple Heart and correction of his records to show this award.

2.  Evidence of record shows the applicant was awarded the Combat Infantryman Badge.  Based on the award of the Combat Infantryman Badge, the applicant is entitled to award of the Bronze Star Medal and correction of his records to show this award.  

3.  The FSM's records show that he served within the continental United States for an aggregate period of 3 years during the period between 7 December 1941 and 2 March 1946.  Therefore, he is entitled award of the American Campaign Medal and correction of his military records to show this award.

4.  The FSM's records show that he served during the period 26 November 1941 through 8 October 1945.  Therefore, he is entitled award of the World War II Victory Medal and correction of his military records to show this award.

5.  The FSM's records show the he was assigned to K Company 325th Infantry in the European Theater of Operations during the period 22 October 1944 through 27 June 1945.  The Unit Citation and Campaign Participation Credit Register shows that the 325th Infantry was awarded the Army Occupation Medal with Germany Clasp during the period 3 May 1945 through 31 October 1945.  Therefore, he is entitled to correction of his records to show this award.

6.  The applicant's records show he was authorized wear of the European-African-Middle Eastern Campaign Medal.  Records show the applicant participated in two campaigns during his military service.  Therefore, he is entitled to award of two bronze service stars to be affixed to his European-African-Middle Eastern Campaign Medal.  

BOARD VOTE:

__le____  __rtd___  __jtm___  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 showing award of the Purple Heart, the Bronze Star Medal, the American Campaign Medal, the World War II Victory Medal, the Army of Occupation Medal, and two bronze service stars to be affixed to the previously awarded European-African-Middle Eastern Campaign Medal. 




							Lester Echols
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070003057
SUFFIX

RECON

DATE BOARDED
20070823
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.