RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  7 August 2007
	DOCKET NUMBER:  AR20070004298 


	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:


Ms. Linda D. Simmons

Chairperson

Ms. Ernestine I. Fields

Member

Mr. Randolph J. Fleming

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 military records to show:

	a.  Award of the Purple Heart and Combat Infantryman Badge (CIB)

	b.  In effect, upgrade his Bronze Star Medal to a Silver Star or Medal of Honor. 

2.  The applicant states, in effect, that the narrative on the orders awarding him the Bronze Star Medal is similar to many narratives used to award the Medal of Honor.

3.  The applicant provides in support of his application a copy of orders awarding him the Bronze Star Medal for heroism and 4 letters of support from colleagues who served with the applicant during World War II (WWII).  These letters of support all state the applicant had "foot trouble" ostensibly caused by trench foot. 

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests the applicant be awarded the Medal of Honor for heroism.

2.  Counsel states that the applicant is very humble about his service to his country and that with a war currently being fought, the Army would be well served by correcting this oversight.

3.  Counsel did not provide any supporting documentations in support of the applicant's request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 20 April 1946, the date of his discharge.  The application submitted in this case is dated 14 March 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 Board noted the applicant's request, in effect, that his Bronze Star Medal be upgraded to a Silver Star or the Medal of Honor.  However, the applicant has not exhausted the administrative remedy available to him under the provisions of Section 1130, Title 10, United States Code.  He has been notified by separate correspondence regarding submission of a recommendation for award of the Silver Star or the Medal of Honor under the provisions of law.  As a result, the Silver Star or the Medal of Honor requested by the applicant is not discussed further in these Proceedings. 

4.  The applicant's 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. 

5.  The applicant's WD AGO 53-55 (Enlisted Record and Report of Separation Honorable Discharge) shows that the applicant was inducted in the Army on 21 January 1944 and entered active service on 12 February 1944 as an infantry Soldier.  He was honorably discharged on 20 April 1946.

6.  Item 31 (Military Qualification and Date) of the applicant's WD AGO 53-55 shows that he was awarded the Expert Infantryman Badge and the Combat Infantryman Badge.

7.  Item 32 (Battles and Campaigns) of the applicant's WD AGO 53-55 shows that he participated in two named campaigns-Rhineland and Central Europe. 

8.  Item 33 (Decorations and Citations) of the applicant's WD AGO 53-55 shows that he was awarded the European-African-Middle Eastern Service Medal, the Good Conduct Medal, the [World Word II] Victory Medal, and the Bronze Star [Medal].  However, the Bronze Star Medal does show a "V" Device signifying heroic achievement. 

9.  Item 36 (Service Outside Continental United States and Return) of the applicant's WD AGO 53-55 shows that he served in the European Theater of Operations during the period 24 September 1944 to 11 April 1946.  He was assigned to A Company, 407th Infantry and served in military occupational specialty (MOS) 7451 (Platoon Sergeant). 

10.  Headquarters, 102nd Infantry Division, General Orders Number 56, dated 27 April 1945 show the applicant was awarded the Bronze Star Medal for heroic achievement in Germany on 25 February 1945 in connection with military operations against the enemy.  The narrative states:  

	“When hostile artillery fire threatened to inflict serious casualties, the 	above enlisted men [only the applicant's name is listed] unhesitatingly 	crawled to suitable positions from which they could direct effective fire 	against the enemy enplacements.  Although subjected to intense enemy 	fire, the advanced courageously and successfully destroyed the enemy 	gun, killed the entire crew and several others in nearby trenches.  Their 	undaunted and unselfish devotion to duty prevented heavy casualties 	and contributed materially to the further advance of their unit.”

11.  The applicant's WD AGO 53-55 does not show he was awarded the Purple Heart.  Item 34 (Wounds Received in Action) of this form contains the word "None".  There are no orders in the available records which show the applicant was awarded the Purple Heart.

12.  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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

13.  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.  The regulation provides examples of injuries or wounds which clearly do not justify award of the Purple Heart; the first example is trench foot injuries.  There are no time limitations governing requests for award of the Purple Heart.



14.  Review of the applicant's records indicates entitlement to an additional award and decoration that are not shown on any of his WD AGO 53-55.

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

16.  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.

17.  Army Regulations 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 awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.  Further, a bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contends that he is entitled to award of the Combat Infantryman Badge and the Purple Heart.

2.  Evidence of records shows that the applicant was awarded the CIB and that it is listed in Item 31 of the applicant's WD AGO 53-55.  There is no further action required.  Additionally, 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 applicant's Bronze Star Medal on his WD AGO 53-55 was awarded for heroic achievement.  He is therefore, entitled to a bronze "V" device to be affixed to his Bronze Star Medal.  Furthermore, with award of a Bronze Star Medal for having been awarded the Combat Infantryman Badge, he is entitled to a bronze oak leaf cluster to be affixed to the medal. 


4.  There is no evidence in the applicant's available records that he sustained injuries or wounds as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.  A trench foot is not an injury that qualifies the applicant for the Purple Heart.  Therefore, there is insufficient evidence to grant the applicant's request for award of the Purple Heart.

5.  The applicant provided statements from former comrades-in-arms attesting to the fact that he had "foot trouble" related to trench foot.  Unfortunately, trench foot is not considered an injury that qualifies for award of the Purple Heart; therefore, there is insufficient evidence upon which to grant the applicant's request for award of the Purple Heart.  This, however, in no way diminishes the valuable contributions made by the applicant during his WWII service.

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 Medals.  

7.  Evidence of record shows the applicant served in the European Theater of Operations during the period 19 April 1944 through 12 December 1945 which is a qualifying period of service for award of the Army of Occupation Medal with Germany Clasp.  Therefore, he is entitled to correction of his records to show this award.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 20 April 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.  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

9.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__LDS___  __EIF___  __RJF___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Bronze Star Medal with Oak Leaf Cluster and "V" Device, the Army of Occupation Medal with Germany Clasp, and two bronze service stars to be affixed to his European-African-Middle Eastern Campaign Medal.



							Linda D. Simmons
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070004298
SUFFIX

RECON

DATE BOARDED
20070807
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.