RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  23 October 2007
	DOCKET NUMBER:  AR20070006272 


	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. Hubert O. Fry, Jr.

Chairperson

Mr. Michael J. Flynn

Member

Mr. William Blakely

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 records to show a second award of the Purple Heart (Oak Leaf Cluster).

2.  The applicant states that by direction of the President, he ordered that the applicant should be awarded the Oak Leaf Cluster to the Purple Heart and that it was not presented because it had a low priority during the high casualty period of World War II (WWII). 

3.  The applicant provided a copy of General Orders awarding him the Oak Leaf Cluster to the Purple Heart. 

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 (Enlisted Record and Report of Separation) shows he enlisted in the Regular Army on 2 November 1942 and entered active duty on 10 May 1943 in military occupational specialty (MOS) 633 (Fire Control Electrician).  This form also shows that he was assigned to Battery B, 580th Anti-Aircraft Artillery (AAA) Battalion.

4.  The applicant's WD AGO Form 53-55 further shows he served in the European-African-Middle Eastern (EAME) Theater during the period 22 January 1945 through 8 March 1945.

5.  The applicant's WD AGO Form 53-55 shows he completed 3 years, 11 months, and 7 days of continental service and 2 months of foreign service.  He was honorably separated on 16 June 1947.

6.  Item 31 (Military Qualifications and Date) of the applicant's WD AGO Form  53-55 shows and entry of "None."

7.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows the applicant was awarded the Purple Heart, World War II Victory Medal, the Good Conduct Medal, the American Campaign Medal, and the European-African-Middle Eastern Campaign Medal.  Item 33 does not show two awards of the Purple Heart.

8.  Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55 contains the entry "2 February 1945, France."

9.  The applicant's record does not contain General Orders awarding him his first award of the Purple Heart.  Additionally, there is no indication of when or where he was injured or wounded and whether the injury was a result of hostile action and/or whether he was treated by military medical personnel.  

10.  The applicant's Hospital Admissions Card shows that he was admitted at the 179th General Hospital on 2 February 1945 for severe, penetrating, and multiple wounds to his face, head, left eye, and neck, as well as complete fracture of his left maxilla resulting from enemy action caused by a mine explosion on 2 February 1945 at Camp Lucky Strike, Janville, France.

11.  Third Service Command, Valley Forge, Pennsylvania, General Orders Number 12, dated 1 June 1945, show that the applicant, having been wounded in action in operation against the enemy, was awarded the Oak Leaf Cluster to the Purple Heart for his severe wounds and fracture, caused by a mine explosion on 2 February 1945 at Camp Lucky Strike, France.

12.  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 military medical 
personnel, and the medical treatment must have been made a matter of official records.  An oak leaf cluster is authorized for wear for each additional award of the Purple Heart.

13.  Chapter 1 of Army Regulation 600-8-22 states that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.  The award of a decoration in recognition of a single act of heroism or meritorious achievement does not preclude an award for meritorious service at the termination of an assignment.  Recommendations for award of a decoration for meritorious service will not refer to acts of heroism or meritorious achievements which have been previously recognized by award of a decoration.  Continuation of the same or similar type service already recognized by an award for meritorious service or achievement will not be the basis for a second award.  If appropriate, an award may be made to include the extended period of service by superseding the earlier award, or the award previously made may be amended to incorporate the extended period of service.  Awards authorities may not recommend a duplicate award for the same act or service from another service component.  That is, if a Soldier is assigned to a joint command, he or she may not receive a joint award and a Service award for the same period; moreover, a Soldier who is retiring may only be recommended for a Service or Defense retirement award, but not both. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show a second award of the Purple Heart (Oak Leaf Cluster).

2.  The applicant's records contain sufficient evidence showing that he was wounded as a result of hostile action on 2 February 1945, was treated by military medical personnel, and the medical treatment was made a matter of official records.  Therefore, he was entitled to award of the Purple Heart.

3.  Evidence of record shows that the applicant completed two months of foreign-service.  There is no evidence that he was injured or wounded during his two-month service in Europe prior to his 2 February 1945 injury.  Therefore, evidence suggests that the Purple Heart listed on the applicant's WD AGO 53-55 and the Oak Leaf Cluster mentioned in General Orders Number 12, were awarded for the same injury/wound that the applicant sustained on 2 February 1945.  

4.  In view of the foregoing evidence, the applicant is not entitled to correction of his records to show two awards of the Purple Heart

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__hof___  __mjf___  __wb____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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.



							Hubert O. Fry, Jr.
	______________________
          		CHAIRPERSON




INDEX

CASE ID
AR20070006272
SUFFIX

RECON

DATE BOARDED
20071023
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.