RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 December 2007
DOCKET NUMBER: AR20070009056
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:
Mr. Richard T. Dunbar
Chairperson
Ms. Jeanette R. McCants
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 requests, in effect, correction of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show three awards of the Purple Heart for wounds received during World War II.
2. The applicant states, in effect, that he was wounded three times and should have a Purple Heart with two Oak Leaf Clusters.
3. The applicant provides copies of his WD AGO Form 53-55 and a letter from the War Department dated 31 January 1946.
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 applicants 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 applicants 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 on 23 May 1944. His military occupational specialty was 745 (Rifleman). He served in the European Theater of Operation from
9 November 1944 to 23 December 1946.
4. Item 31 (Military Qualification and Date) lists the Combat Infantryman Badge, 8 March 1945.
5. Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 lists his awards as the European, African, Middle-Eastern Campaign Medal with three bronze service stars; Word War II Victory Medal; Good Conduct Medal; Bronze Star Medal, and the Purple Heart with 1 Oak Leaf Cluster [There is an ink overwrite changing the "1" to a "2"].
6. Item 35 (Wounds Received in Action) lists 25 April and 30 August 1945.
7. On 15 January 1946, a Request for Decoration and/or Citation (WD AGO Form 106) was submitted requesting award of a second Oak Leaf Cluster for the applicant's Purple Heart. This request indicates that he was wounded in December 1944; February 1945; and April 1945.
8. On 31 January 1946, The Adjutant General's Office, War Department, replied by letter to the applicant, granting his request and providing him with a second Oak Leaf Cluster.
9. Army Regulation 672-5-1 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 (CIB) or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during WWII.
DISCUSSION AND CONCLUSIONS:
1. The evidence provided by the applicant clearly shows that in January 1946, The Adjutant General had determined his eligibility to award of the Purple Heart with two Oak Leaf Clusters. Therefore, his WD AGO Form 53-55 should be corrected to show these awards.
2. Item 35 (Wounds Received In Action) of the applicant's WD AGO Form 53-55 should also be corrected to add his wound received in December 1944.
3. The available evidence shows that the applicant was awarded the Combat Infantryman Badge for his service in the European Theater of Operations during World War II. Accordingly, he is also entitled to award of the Bronze Star Medal. Therefore he should be awarded the Bronze Star Medal.
BOARD VOTE:
_ JLP____ __JRM__ __RTD _ 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:
a. awarding him the Bronze Star Medal;
b. showing that, in addition to the awards shown on his WD AGO Form 53-55, his authorized awards include the Bronze Star Medal with one Oak Leaf Cluster, and the Purple Heart with two Oak Leaf Clusters; and
c. adding in Item 35 (wounds Received in Action) of his WD AGO Form 53-55 that he was wounded in December 1944.
__ Richard T. Dunbar __
CHAIRPERSON
INDEX
CASE ID
AR20070009056
SUFFIX
RECON
DATE BOARDED
20071220
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
107.0015
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4.
5.
6.
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