RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  23 August 2007
	DOCKET NUMBER:  AR20070004962 


	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 his military records to show award of the Purple Heart.  

2.  The applicant states, in effect, that he was given the Purple Heart at the hospital after he was evacuated from battle for shrapnel wounds in Germany.  

3.  The applicant provided a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) and a copy of the Department of Veteran Administration (VA) Rating Decision in support of his 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 applicant'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 applicant's WD AGO Form 53-55 shows he was inducted in the Army of the United States on 14 November 1942 at Fort Custer, Michigan.  He entered active duty on 16 November 1942 in military occupational specialty (MOS) 607 (Mortar Gunner).  This form also shows that he was assigned to Company C, 415th Infantry, 104th Division.

4.  The applicant's WD AGO Form 53-55 further shows he served in the European-African-Middle-Eastern (EAME) Theater during the period 8 September 1944 through 20 January 1945.
5.  The applicant's WD AGO Form 53-55 shows he completed 2 years and 2 months of continental service and 5 months and 3 days of foreign service.  He was honorably separated on 18 June 1945.

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

7.  Item 31 (Military Qualifications and Date) of the applicant's WD AGO Form  53-55 shows he was awarded the Expert Infantryman Badge.

8.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows the applicant was awarded the Bronze Star Medal, the Expert Infantryman Badge, the Good Conduct Medal, and the European-African-Middle-Eastern Theater Ribbon.  Item 33 does not show the applicant was awarded the Purple Heart.

9.  Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55 contains the entry "November 17 1944".

10.  The applicant's Hospital Admissions Card created and maintained by the Office of the Surgeon General of the Army shows that he was admitted as a battle casualty on 17 November 1944 for a compound fracture in his femur, resulting from the fragments of an artillery shell. 

11.  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.

12.  The applicant's records show that he is entitled to additional awards that are not listed on his WD AGO Form 53-55.

13.  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.

14.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records contain sufficient evidence showing that the he 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 applicant is entitled to award of the Purple Heart and correction of his records to show this award.

2.  The applicant's records show that he served within the continental United States for an aggregate period in excess of 2 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.

3.  The applicant's records show that he served during the period 16 November 1942 through 18 June 1945.  Therefore, he is entitled award of the World War II Victory Medal and correction of his military records to show this award.

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 American Campaign Medal, and the World War II Victory Medal. 




							Lester Echols
______________________
          CHAIRPERSON


INDEX

CASE ID
AR20070004962
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.