RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  17 January 2008
	DOCKET NUMBER:  AR20070011969 


	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

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Mr. Hubert O. Fry

Chairperson

Mr. John T. Meixell

Member

Mr. Rowland C. Heflin

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 that his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show two awards of the Purple Heart.

2.  The applicant states that his Bronze Star Medal orders show he was wounded in action two times.

3.  The applicant provides his WD AGO Form 53-55; his Honorable Discharge Certificate; and Bronze Star Medal orders.

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 were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

3.  The applicant was inducted into the Army and entered active duty on            25 March 1942.  He arrived in the Asiatic-Pacific Theater of Operations on 1 April 1944.

4.  Headquarters, 77th Infantry Division General Orders Number 81, dated        14 February 1945, awarded the applicant the Bronze Star Medal for heroic achievement on 8 December 1944.  The citation reads in part:

“…(The applicant) led two of his men in a flanking action and successfully wiped out the enemy riflemen holding up his platoon.  

In this action, (the applicant) was wounded.  However, he continued to lead his men forward to regain contact with his platoon.  He was again wounded….”

5.  The applicant departed the Asiatic-Pacific Theater of Operations on              17 January 1945.  He was honorably discharged with a certificate of disability on 2 June 1945.

6.  The applicant’s WD AGO Form 53-55 shows he was awarded the Expert Marksmanship Qualification Badge (Rifle, Carbine, and Browning Automatic Rifle), the Expert Infantryman Badge, the Combat Infantryman Badge, the Asiatic Pacific Theater Campaign Ribbon (now known as the Asiatic-Pacific Campaign Medal) with two service stars, the Army Good Conduct Medal, and the Bronze Star Medal.

7.  Item 34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-55 shows he was wounded on 8 December 1944.

8.  Item 37 (Total Length of Service) of the applicant’s WD AGO Form 53-55 shows he served 2 years, 3 months, and 23 days of continental service.

9.  Army Regulation 600-8-22 (Military Awards) states 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 by a medical officer, and the medical treatment must have been made a matter of official record.  It states a Purple Heart is authorized for the first wound suffered while in any action against an enemy of the United States.  For each subsequent award an Oak Leaf Cluster will be awarded.  Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion or agent.

10.  Army Regulation 600-8-22 states 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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

11.  Army Regulation 600-8-22 states the American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and     2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for         30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

12.  Army Regulation 600-8-22 states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

13.  Army Regulation 600-8-22 states the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  It was originally worn only on the suspension and service ribbons of the Bronze Star Medal to denote an award made for heroism (valor).

14.  Army Regulation 600-8-22 states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

DISCUSSION AND CONCLUSIONS:

1.  Headquarters, 77th Infantry Division General Orders Number 81, dated        14 February 1945, which awarded the applicant the Bronze Star Medal for heroic achievement on 8 December 1944, is accepted as sufficient evidence to show he was wounded twice and is therefore eligible for two awards of the Purple Heart.  Although the wounds occurred on the same day, the citation clearly indicates that the wounds were not received at the same instant or from the same missile, force, explosion or agent (i.e., he led two of his men in a flanking action and was wounded; he continued to lead his men forward to regain contact with his platoon and was again wounded).  

2.  Because the applicant was awarded the Bronze Star Medal for heroism, the entry on his WD AGO Form 53-55 should have indicated that he was awarded the Bronze Star Medal with “V” device.

3.  Because the applicant was awarded the Combat Infantryman Badge, he is also eligible for award of the Bronze Star Medal based upon award of the Combat Infantryman Badge.  His WD AGO Form 53-55 should be corrected to show he was awarded the Bronze Star Medal with “V” device and with First Oak Leaf Cluster.

4.  Because the applicant served within the continental United States for an aggregate period of more than one year, he meets the eligibility criteria for award of the American Campaign Medal.  He also meets the eligibility criteria for award of the World War II Victory Medal.  These awards should also be added to his WD AGO Form 53-55.

BOARD VOTE:

__hof___  __jtm___  __rch___  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 a first award of the Purple Heart for wounds received on        8 December 1944 and awarding him a second award of the Purple Heart for wounds received on 8 December 1944; 

     b.  correcting his WD AGO Form 53-55 to show he was awarded the Asiatic Pacific Campaign Medal with two bronze service stars, the Army Good Conduct Medal, the Bronze Star Medal with “V” device and with First Oak Leaf Cluster, the Purple Heart with First Oak Leaf Cluster, the American Campaign Medal, and the World War II Victory Medal; and

     c.  correcting item 34 of his WD AGO Form 53-55 to show he was wounded twice on 8 December 1944 in the Asiatic Pacific Theater of Operations.




___Hubert O. Fry______
          CHAIRPERSON




INDEX

CASE ID
AR20070011969
SUFFIX

RECON

DATE BOARDED
20080117
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0015
2.

3.

4.

5.

6.