RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 September 2007
	DOCKET NUMBER:  AR20070004749 


	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. Michael L. Engle

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Frank C. Jones II

Member

Ms. Carmen Duncan

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 Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show award of the Purple Heart, Bronze Star Medal, and high school education completed while on active duty.

2.  The applicant states, in effect, that during and after his discharge he did not care what his discharge papers showed or did not show.  Now, he realizes his records should be brought up to date. 

3.  The applicant provides a copy of his WD AGO Form 53-55, and a photograph of himself and others during the war.

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 records are not available for review.  A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request.

3.  The applicant's WD AGO Form 53-55 shows that he was inducted into the Army of the United States and entered active duty on 26 January 1943.  His military occupational specialty was 345 (Light Truck Driver). 




4.  On 16 February 1945, the applicant departed the United States for duty in the European Theater of Operations (ETO).  He arrived in England on 24 February 1945. His last unit in the ETO was the Service Battery, 390th Field Artillery Battalion.  He served in the ETO until 27 March 1946, when he departed on his return trip to the United States.

5.  He arrived in the United States on 7 April 1946 and was honorably discharged on 10 April 1946.  He had attained the rank of private first class, and had completed 3 years, 1 month and 6 days of creditable active service.

6.  Item 31 (Military Qualification and Date) of his WD AGO Form 53-55, lists his qualifications as expert with the submachine gun; sharpshooter with the carbine; and marksman with the M1 rifle.  It also shows he was awarded the Combat Infantryman Badge and the Driver and Mechanic Badge with Driver Bar. 

7.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55, lists his campaigns as Rhineland and Central Europe. 

8.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55, lists his awards as the Good Conduct Medal, American Theater Ribbon [correctly called the American Campaign Medal], and the European, African, Middle Eastern Service Medal.  It does not show award of the Purple Heart or the Bronze Star Medal.

9.  Item 34 (Wounds received in Action) of his WD AGO Form 53-55 indicates “None”.  

10.  Item 42 (Education) of his WD AGO Form 53-55 shows his education as 
8 years of grammar school, 0 years of high school, and 0 years of college.

11.  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.  This regulation also provides that there is no time limitation on requests for award of 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.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II.  This publication shows that the 390th Field Artillery Regiment, 
94th Infantry Division, during the time of the applicant's assignment, was cited in general orders for award of the Army of Occupation Medal with Germany Clasp. 

14.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows that the applicant was awarded the Combat Infantryman Badge during World War II.  Therefore, he is entitled to award of the Bronze Star Medal.

2.  There is no available evidence of record, nor has the applicant provided any convincing evidence to show that he received wounds as a result of hostile action, or that he was treated for any such wounds.  In the absence of such evidence, there is an insufficient basis for award of the Purple Heart in this case.
Therefore, the applicant’s request for award of the Purple Heart should not be granted.

3.  There is no available evidence showing the educational accomplishments of the applicant during his service on active duty.  Therefore, his request to show completion of high school on his WD AGO Form 53-55 should not be granted.



4.  The available evidence shows that the applicant participated in two campaign periods in the ETO.  Therefore, his WD AGO Form 53-55 should be corrected to show two bronze service stars on his European-African-Middle Eastern Campaign Medal.

5.  Records show that the applicant’s unit was cited in general orders for award of the Army of Occupation Medal with Germany Clasp.  Therefore, his WD AGO Form 53-55 should be corrected to show this foreign unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_ LDS __  __FCJ __  _CD  __  _  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 him the Bronze Star Medal; and

b.  showing that, in addition to the awards shown on his WD AGO Form 53-55, his authorized awards include the Bronze Star Medal, Army of Occupation Medal with Germany Clasp, and two bronze service stars to be affixed to his European-African-Middle Eastern Campaign Medal.  

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 and to his level of education.  




__ Linda  D . Simmons _____
          CHAIRPERSON


INDEX

CASE ID
AR20070004749
SUFFIX

RECON
 
DATE BOARDED
20070906 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
110
2.
107
3.

4.

5.

6.