RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 February 2008
	DOCKET NUMBER:  AR20070014109 


	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. John T. Meixell

Chairperson

Ms. Carmen Duncan

Member

Ms. Rea M. Nuppenau

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 award of the Purple Heart.

2.  The applicant states that he deserves it.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Service), dated 6 January 1946; a copy of his Honorable Discharge Certificate, dated 6 January 1946; and an undated self-authored letter, in support of his application. 

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's WD AGO Form 53-55 shows he was inducted in the Army of the United States on 23 September 1942 and entered active duty on 7 October 1942 in military occupational specialty (MOS) 745 (Rifleman).  He was assigned to Company B, 111th Combat Engineer Battalion.

4.  The applicant's WD AGO Form 53-55 also shows he served in the European-African-Middle Eastern (EAME) Theater during the period 19 December 1943 through 7 December 1945 and that he completed 1 year, 2 months, and 5 days of continental service and 2 years and 22 days of foreign service.  He was honorably separated on 6 January 1946.
5.  Item 31 (Military Qualifications and Date) of the applicant's WD AGO Form  53-55 shows he was awarded the Combat Infantryman Badge.

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

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

8.  There are no General Orders available to prove his entitlement to the Purple Heart. 

9.  In an undated self-authored letter, the applicant stated that he is not pleased that he has to wait another year before his case can be processed.  He is 86 years old now and has certain medical situations that necessitate a timely and expedient review of his case.

10.  The Purple Heart was established by General George Washington at Newburgh, New York on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.

11.  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.  This regulation also provides that there is no time limitation on requests for award of the Purple Heart.

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



13.  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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

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

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the European-African-Middle Eastern Service Medal.  This regulation also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 of the WD AGO Form 53-55.  This regulation further states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Service Medal.  The same regulation states that one silver service star is worn instead of five bronze service stars.

16.  DA Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that, in addition to the Ardennes, Rhineland, and Central Europe campaigns, the 111th Combat Engineer Battalion was credited with the Anzio   (22 January 1944-24 May 1944); the Naples-Foggia (9 September 1943-          21 January 1944); the Rome-Arno (22 January 1944-9 September 1944); and the Southern France (15 August 1944-14 September 1944) campaigns of WWII.

17.  DA Pamphlet 672-1 also shows that the 111th Combat Engineer Battalion was awarded a Distinguished Unit Citation during the period 19 March 1945 to 23 March 1945, based on War Department General Order 37, dated 1946; and a Distinguished Unit Citation during the period 23 October 1944 to 11 November 1944, based on War Department General Order 56, dated 1946.






DISCUSSION AND CONCLUSIONS:

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

2.  There are no General Orders that show the applicant was awarded the Purple Heart.  There is no evidence in the available records which shows that he was wounded or injured as a result of hostile action or treated for such wounds.  In the absence of evidence that he was wounded or injured as a result of hostile action and treated for those wounds, entitlement to award of the Purple Heart cannot be verified.

3.  Evidence of record shows that the applicant was awarded the Combat Infantryman Badge on 19 March 1945.  Therefore, he is entitled to award of the Bronze Star Medal based on award of this Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show the Bronze Star Medal.  

4.  The applicant's records show that he served in the European-African-Middle Eastern Theater of Operations during the periods 19 December 1943 through 7 December 1945.  He was assigned to a unit that participated in seven campaigns during his service with that unit.  Only 3 campaigns are listed on his records.  Therefore, he is entitled to correction of his records to show, in addition to the Ardennes, Rhineland, and Central Europe campaigns, he participated in the Anzio, the Naples-Foggia, the Rome-Arno, and the Southern France campaigns of WWII.

5.  The applicant's records show he participated in seven campaigns in the European-African-Middle Eastern Theater of Operations during World War II.  Therefore, he is entitled to correction of his military records to show one silver service star and 2 bronze service stars to be affixed to his already awarded European-African-Middle Eastern Service Medal.

6.  The applicant's records show that he was assigned to a unit that was awarded two awards of the Distinguished Unit Citation.  Therefore, he is entitled to correction of his records to show those awards.

7.  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

__jtm___  __cd____  __rmn___  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 to award 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 the Bronze Star Medal; campaign participation credit for the Anzio, the Naples-Foggia, the Rome-Arno, and the Southern France campaigns of WWII; two awards of the Distinguished Unit Citation; and one silver service star and 2 bronze service stars to be affixed to his already awarded European-African-Middle Eastern Service Medal.  




						John T. Meixell
______________________
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.