RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 September 2007
	DOCKET NUMBER:  AR20070005315 


	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

Ms. Antoinette Farley

Analyst

The following members, a quorum, were present:


Mr. William D. Powers 

Chairperson

Ms. LaVerne M. Douglas   

Member

Mr. Jerome L. Pionk 

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, the daughter of the deceased former service member (FSM), requests correction of her father's service records to show award of the Purple Heart for injuries received during WWII.

2.  The applicant states, in effect, that the FSM was injured in France during World War II by stepping on a "buddy".  The applicant continues that the FSM has a steel plate at his right temporal bone to prevent further damage to his head.

3.  The applicant continues that the Army did not keep good records of the FSM as well as who and where injuries occurred in the War.  The applicant adds that a lot of mistakes were made when caring for her father by the Army.  The applicant continues that it is only right that the FSM be awarded the Purple Heart because he loved the United States and fought for the right of freedom.  

4.  The applicant provides a copy of the FSM's death certificate, dated 11 June 2004; a copy of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation), dated 6 December 1945; a copy of the FSM's WD AGO Form 
53-55, dated 22 April 1947; two copies of the FSM's Honorable Discharge Certificates; three pages of Morning Reports; and two pages of medical documents in support of this 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 military 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 FSM’s records were lost or destroyed in that fire.  However, the applicant provided sufficient documents for the Board to conduct a fair and impartial review of this case.

3.  The FSM's WD AGO Form 53-55 shows he was inducted into the U.S. Army on 19 May 1942.  The FSM's WD AGO Form 53-55 shows he held military occupational specialty (MOS) 824 (Mess Sergeant) at the time of separation.  This form also shows that the FSM was last assigned to the 506th Port Company.  

4.  Records further show the FSM served in the Alaska during the period 13 June 1943 through 16 January 1944, in the European Theater of Operations during the period 16 May 1944 through 26 September 1945, and was honorably discharged on 6 December 1945.

5.  The FSM's WD AGO Form 53-55 shows he completed 1 year, 5 months, and 26 days of continental service and 2 years of foreign service.  

6.  Item 32 (Battles and Campaigns) on the FSM's WD AGO Form 53-55 shows he participated in the Northern France and Normandy Campaigns.  

7.  Item 33 (Decorations and Citations) on the FSM's WD AGO Form 
53-55 shows the FSM was awarded the Army Good Conduct Medal, the European African-Middle Eastern Campaign Medal, the American Theater Ribbon [currently known as the American Campaign Medal, the Asiatic Pacific Theater Ribbon [currently known as the Asiatic Pacific Campaign Medal] and the Victory Ribbon [currently known as the World War II Victory Medal].  This section does not show the applicant was awarded any service stars for his campaign participation.

8.  Item 34 (Wounds Received in Action) on the FSM's WD AGO Form 53-55 for the period ending 6 December 1945 shows the entry "None."  

9.  The FSM's WD AGO Form 53-55 does not show award of the Purple Heart.

10.  There is no evidence in the available records which show the FSM sustained injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.

11.  On 7 December 1945, the FSM reenlisted in the Army and was honorably discharged on 22 April 1947.  

12.  The FSM's WD AGO Form 53-55 shows he completed 1 year, 4 months, and 16 days of continental service and no foreign service.  

13.  Item 32 (Battles and Campaigns) on the FSM's WD AGO Form 53-55 shows the entry "None."  

14.  Item 33 (Decorations and Citations) on the FSM's WD AGO Form 
53-55 shows he was awarded the American Campaign Medal and the World War II Victory Medal.  

15.  Item 34 (Wounds Received in Action) on the FSM's WD AGO Form 53-55 for the period ending 22 April 1947 shows the entry "None."  

16.  The FSM's WD AGO Form 53-55 does not show award of the Purple Heart for the period ending 22 April 1947.  There is no evidence in the available records which show the FSM sustained injuries as a result of hostile action.

17.  The FSM's daughter provided an undated letter titled Head Injury of the FSM during WWII.  The FSM's daughter states that while the FSM was stationed in France he received injuries to the right side of his skull after he stepped on a land mine referred to as a "bouncing betty."  The FSM's daughter continues that the FSM's information was incorrectly listed under another Soldier.  The FSM's daughter continues that he reenlisted in December 1945 and was honorably discharged on 22 April 1947; however, no further notes or records were kept during this enlistment.  The FSM's daughter states the FSM deserves a 100 percent disability for his medical condition and a Purple Heart because he was nearly killed in France during WWII.  

18.  The FSM's daughter provided excerpts of the bony framework of the head and neck, a drawing of a skull pinpointing locations on the temporal lobe and the subarachnoid circulation within the skull.

19.  The FSM's daughter provided an appeal letter to the Department of Veterans Affairs in behalf of her father, dated 22 July 2005.  The letter shows that the applicant states that the Standard Form 507 (Radiographic Report), dated 30 September 1986, was submitted to substantiate the facts her father had a metal plate in his head as a result of a shrapnel wound from a "bouncing betty" during WWII.  The applicant's appeal letter confirms that the L _ _ _ Family initially completed her father's paper work which was sent to the Department of Veteran Affairs when first applying for benefits.  The applicant continues that her intent is to insure that her father receive his benefits for which he is entitled as a result of his fighting in WWII.

20.  The applicant submitted three pages of Morning Reports dated 27 August 1945, 30 August 1945, and 4 September 1945, which show the FSM was transferred from the 566th Port Company to the staging Area in Calas, France and then to Marseille, France.  

21.  The applicant submitted copies of the FSM’s Hospital Admission Records, dated 30 August 1945.  The records show the FSM became sick and was transferred to the 220th General Hospital, Marseille, France.  

22.  The FSM's daughter provided a Radiographic Report, Standard Form 519 [Note: for additional space use Standard Form (SF-507), Continuation Sheet], completed by a Staff Medical Doctor on 3 October 1986.  The Report does not disclose which medical facility requested or completed the Radiographic Report.  However, the report shows that the FSM received a non-enhanced head CT scan on 1 October 1986, which was compared with the FSM's previous non-enhanced study of 12 October 1984.  The report showed the presence of a possible low density area within the right temporal lobe and the doctor was uncertain whether it represented partial voluming of the surrounding subarachnoid fluid or was a true finding.  The report continues that the doctor found that no extra-axial fluid collections, mass lesions, ventribular deformities or subarachnoid blood was present.  The report concludes that the low density area of the FSM right temporal lobe was otherwise negative.  The report also contains a written note on the form which states "asked doctor he stated, yes this is from the war service-from what he sees the doctor at Methodist."

23.  The applicant provided a copy of the FSM's State of Texas Certificate of death which shows that he died on 11 June 2004.  

24.  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.  There is no statute of limitations governing requests for award of the Purple Heart.

25.  Review of the FSM's personnel records indicates that he is entitled to additional awards that are not shown on his DD Forms 214.

26.  The applicant's WD AGO Form 53-55 shows he was awarded the European Theatre Operation Campaign Medal (currently known as the European-African-Middle Eastern Campaign Medal).  This form also shows the applicant received campaign credit for Northern France and Normandy campaigns.  

27.  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.  The 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.  Army Regulation 600-8-22 also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the FSM is entitled to the award of the Purple Heart for injuries received during WWII.

2.  The applicant provided documentation with the FSM's application; however, the information did not corroborate through military medical or service records that the FSM was wounded and treated for wounds sustained as a result of hostile action, therefore the documentation is insufficient evidence to grant the relief requested.  

3.  In the absence of evidence that the FSM was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.

4.  Records show the applicant was awarded the European-African-Middle Eastern Campaign Medal.  However, his WD AGO Form 53-555 does not show any service stars indicating campaign credit.  Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show award of three bronze service stars to be affixed to his European-African-Middle Eastern Campaign Medal.  

5.  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

__LMD____  _WDP__  _JLP___  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 to show award of the Purple Heart.

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 three bronze service stars to be affixed to his European-African-Middle Eastern Campaign Medal.  





_William D. Powers___
          CHAIRPERSON




INDEX

CASE ID
AR20070005315
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.