RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 January 2008
	DOCKET NUMBER:  AR20070011545 


	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. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Mr. Curtis L. Greenway

Chairperson

Mr. Joe R. Schroeder

Member

Mr. Qawiy A. Sabree

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, award of the Purple Heart with First Oak Leaf Cluster, recognition as a Prisoner of War, and the Bronze Star Medal.

2.  The applicant states, in effect, that he was wounded in action on or about 2 April 1945 and then again on or about 24 April 1945 near Cologne, Germany during the Battle of the Bulge.  He states his wounds were from enemy artillery explosions.  He states, in effect, Germans captured him after he was found unconscious and he was treated in a German military hospital.  On or about 8 May 1945, he was repatriated and sent to an American military hospital in the rear for medical treatment. 

3.  The applicant provides in support of his application a self-authored statement that states in pertinent part, that his combat experience started on or about 2 April 1945 and that he was first wounded in action by enemy artillery shell explosions or grenade fragments.  He states he experienced a concussion and he hemorrhaged from his ears.  He states that medics observed him for a few hours and then he returned to duty.  He further states, that he was a member of a small infantry unit conducting a scouting mission on or about 24 April 1945 when he was injured a second time.  He states his wounds were a loss of consciousness and multiple shrapnel wounds to his left thigh from the impact made by enemy artillery shells or fragmentary grenades.  He states when he regained consciousness he was a prisoner of war held by the Germany Army.  On or about 8 May 1945, when American forces captured the German military hospital, he was repatriated, and sent to an American military hospital where he was treated for a wound to his thigh.  He concludes with the statement that he is currently rated 30 percent disabled by the Department of Veterans Affairs. 

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 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 applicant’s records were lost or destroyed in that fire.  However, there are sufficient documents for the Board to conduct a fair and impartial review of this case.  The primary record available to this Board is the applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation and Honorable Discharge) with a separation date of 1 May 1946.  

3.  The available record shows the applicant entered active service on 10 April 1944.  The applicant arrived in the European-African-Middle Eastern Theater of Operations on 2 March 1945.  He participated in the Rhineland Campaign (15 September 1944 to 21 March 1945) and the Central Europe Campaign (22 March to 11 May 1945).  This record shows he departed the theater of operations on 10 June 1945.

4.  A record of the units to which the applicant was assigned and the dates of his assignment was not available for the Board to review.  

5.  On 1 May 1946, the applicant was discharged for the convenience of the government due to demobilization of forces.  His characterization of service was honorable.  

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

7.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows the entries "Victory Medal, American Theater Ribbon, European African Middle Eastern Theater Ribbon w/2 Bronze Battle Stars, Good Conduct, Purple Heart Medal."

8.  Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55 contains the entry "Wounded in Action near Fischern 24 April 1945."

9.  The Office of the Surgeon General, Department of the Army (DA) Hospital Admission Electronic Data Base shows that the applicant was admitted to an American military hospital on 7 May 1945 for battle wounds to his thigh that were sustained while engaged with enemy forces.  This same database shows he was hospitalized for 12 days and then returned to duty.  This record shows he was assigned to the 386th Infantry Regiment. 

10.  On 11 August 1988, an analyst with the Awards and Veterans Affairs Benefits Entitlement Branch of the United States Army Reserve Personnel Center (ARPERCEN) in St. Louis, Missouri confirmed that the applicant was entitled to the Prisoner of War Medal based on research and confirmation from the official Prisoner of War Records.  

11.  The applicant's available military record contained a copy of his request for discharge from the Army based on War Department Circular 339, Section V, dated 8 November 1945 as amended by War Department Circular 94, Section 1, dated 29 March 1945 which authorized the separation of soldiers who were former prisoners of war.  An unsigned copy of the second endorsement shows that the applicant's separation was approved on 19 April 1946.  The applicant's WD AGO Form 53-55 shows he was separated on 1 May 1945. 

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

13.  Army Regulation 600-45 (Decorations), then in effect, which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, a "wound" is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  

14.  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.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

15.  Army Regulation 600-8-22 states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart Medal.

16.  Army Regulation 600-8-22 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 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 World War II.  This provision did not go into effect until 10 September 1947.

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Prisoner of War Medal.  The regulation states that the Prisoner of War Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

18.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

19.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II and for the Korean War.  This pamphlet shows the applicant's unit of assignment was awarded the Army of Occupation Medal with Germany Clasp for the period 2 May 1945 to 4 July 1945.

20.  Army Regulation 635-5 (Separations Document) establishes the standardized policy for preparing and distributing discharge documents.  In pertinent part, it directs that, in the case of prisoners of war, the unit of assignment, country and dates of capture and release will be entered in the “Remarks” section of the discharge document.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart with First Oak Leaf Cluster, the Bronze Star Medal and the Prisoner of War Medal and to have his records corrected to show these three awards.

2.  The applicant contends that he was first wounded in action on or about 2 April 1945, and that he was observed by medics then returned to combat.  He stated he received a concussion and hemorrhaged from his ears due to enemy artillery shell explosions or a grenade.  There is no evidence in the applicant's available military records that shows he was wounded on or about this date, that he received medical treatment, and that the medical treatment was recorded in official military records.  Therefore, the applicant is not entitled to relief as he did not provide sufficient evidence nor is there evidence in his official files or historic medical files to support awarding him the Purple Heart for wounds sustained on or about 2 April 1945.

3.  The applicant's records do show that he was awarded the Purple Heart for wounds he incurred while engaged with hostile forces on 24 April 1945.  In his self-authored statement, this is the date he states his left thigh was injured due to fragmentary wounds from an explosion, and then he was captured by German forces and treated at a German military hospital.  On or about 8 May 1945, he states that he was repatriated by American forces and entered the American military medical treatment system.  Department of the Army, Office of the Surgeon General electronic records show that the applicant was admitted to the hospital on 7 May 1945, treated for wounds to his thigh, and returned to duty on or about 19 May 1945.   

4.  The applicant is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge.

5.  Based on the documented research conducted by an analyst from ARPERCEN that shows he was a prisoner of war, the applicant is entitled to award of the Prisoner of War Medal.  

6.  Department of the Army Pamphlet 672-1 shows the applicant's unit of assignment was awarded the Army of Occupation Medal with Germany Clasp.  Therefore, the applicant is entitled to have his records corrected to show award of the Army of Occupation Medal with Germany Clasp. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__QAS__  __CLG___  __JRS__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records, specifically the WD AGO Form 53-55 with a separation date of 1 May 1946 be corrected by showing award of the Bronze Star Medal, the Prisoner of War Medal, and the Army of Occupation Medal with Germany Clasp.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the award of the Purple Heart Medal with First Oak Leaf Cluster.  





___Curtis L. Greenway__
          CHAIRPERSON



INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
20080115
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT (partial)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.