RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 September 2007
	DOCKET NUMBER:  AR20070006720 


	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. James E. Anderholm

Chairperson

Ms. Laverne V. Berry

Member

Mr. Ronald D. Gant

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 may be entitled to award of the Purple Heart.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).

	b.  Honorable Discharge Certificate dated 29 December 1945.

	c.  Headquarters, Communication Zone, Orders Number 2128, dated 19 January 1945.

	d.  Headquarters, 79th Replacement Battalion, 3rd Replacement Depot, supplementary non-narrative history of the 79th Replacement Battalion during the months of November and December 1944 and January 1945.

	e.  Applicant's letter, dated 5 February 2007, to his friend L**** H*****, describing his assignment to the 79th Reinforcement Battalion and an injury he sustained during  the Battle of the Bulge.

	f.  Letter from L**** H*****, dated 3 May 2007, to a former Member of Congress, soliciting his help in supporting the applicant's award of 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 shows he was inducted in the Army of the United States on 15 July 1943 in New York City, New York.  He entered active duty on 6 August 1943 in military occupational specialty (MOS) 405 (Clerk Typist).  This form also shows that he was assigned to Headquarters and Headquarters Detachment, 38th Reinforcement 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 4 March 1944 through 11 December 1945.

5.  The applicant's WD AGO Form 53-55 shows he completed 6 months and 8 days of continental service and 1 year, 10 months, and 16 days of foreign- service.  He was honorably separated on 29 December 1945.

6.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows he participated in the Ardennes, Central Europe, Northern France, and the Rhineland campaigns.

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

8.  Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55 contains the entry "None".

9.  There are no medical records in the applicant's official military personnel file that show he sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action. 

10.  The applicant provided a copy of Headquarters, Communication Zone, Orders Number 2128, dated 19 January 1945.  This document shows that the 79th Reinforcement Battalion won commendation when it manned a road block leading to a vital town for a period of two days, under heavy artillery fire.  The unit's actions relieved other tactical units and allowed the battalion's regiment to be employed somewhere else. 

11.  The applicant provided supplementary non-narrative history of the 79th Replacement Battalion during the months of November and December 1944 and January 1945.  This supplementary history showed the unit's activities throughout each month, to include designation of attached units, personnel strength, and operational movements.

12.  In his submitted letter, dated 5 February 2007, to his friend L**** H*****, the applicant described that he joined the 79th Reinforcement Battalion during the Battle of the Bulge and that he was not in a combat unit and that when his unit was in Ettelbruck, Luxembourg, the unit came under heavy artillery fire and hit the building near the unit's emplacement which resulted in the applicant's arm being injured by flying debris and bricks.  He concludes that he bandaged his arm and did not report the injury. 

13.  In her letter to the former Member of Congress, L**** H***** states that she saw pictures of the applicant in Europe and heard about his injury, and that after viewing his battle scar on his arm, she feels that he should receive the Purple Heart.

14.  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.

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

16.  Army Regulation 600-8-22, 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.  A silver service star is authorized in lieu of five bronze service stars.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart.

2.  There is no evidence in the available records and the applicant has not provided sufficient evidence which shows that he sustained injuries as a result of hostile action, that he received treatment by military medical personnel for injuries that were sustained as a result of hostile action, or that this treatment was made a matter of official record.  Based on the foregoing, there is insufficient evidence to grant the applicant's request for award of the Purple Heart in this case.

3.  The applicant's records show he was authorized wear of the European-African-Middle Eastern Campaign Medal.  Records show the applicant participated in four 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 Medal. 

4.  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

__jea___  __lvb___  __rdg___  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 for 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 four bronze service stars to be affixed to his European-African-Middle Eastern Campaign Medal.



							James E. Anderholm
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070006720
SUFFIX

RECON

DATE BOARDED
20070918
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.