RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 March 2008
DOCKET NUMBER: AR20070015103
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.
x
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 award of the Purple Heart be added to his WD AGO Form 53-55 (Enlisted Record and Report of Separation).
2. The applicant states that he received the Purple Heart for wounds sustained on 13 May 1944 in the European Theater.
3. The applicant provides a copy of his WD AGO Form 53-55.
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 applicants 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 applicants 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 of the United States on 27 April 1943 and he entered active duty on 4 May 1943. He served in European-African-Middle Eastern Theater of Operations from 27 November 1943 to 3 July 1945.
4. The applicant was discharged on 23 January 1946. His WD AGO Form 53-55 shows the European-African-Middle Eastern Theater Campaign Medal, the Good Conduct Medal, the American Campaign Medal, and the World War II Victory Medal as authorized awards.
5. Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows the entry 13 May 44 European Theatre.
6. Item 32 (Battles and Campaigns) on the applicant's WD AGO Form 53-55 shows he was credited with participation in the Rome-Arno Campaign.
7. A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape. In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC). The availability of the information to the NPRC received considerable publicity by the various veterans service organizations. It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973. These records show the applicant sustained a battle injury in May 1944 in the European area.
8. A DA Form 1577 (Authorization for Issuance of Awards), dated 18 November 1987, shows the applicant was issued a Purple Heart.
9. 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. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record. This regulation also provides that there are no time limitations on requests for award of the Purple Heart.
10. Army Regulation 600-8-22 authorizes 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 campaign or service medal including the European-African-Middle Eastern Campaign Medal.
DISCUSSION AND CONCLUSIONS:
1. There are no orders which authorize award of the Purple Heart to the applicant. However, the applicants WD AGO Form 53-55 shows he was wounded in action on 13 May 1944 and the SGO Files show the applicant sustained a battle injury in May 1944 in the European-African-Middle Eastern Theater of Operations. Therefore, it would be appropriate to amend his WD AGO Form 53-55 to show award of the Purple Heart.
2. The applicant received credit for participation in the Rome-Arno Campaign during World War II. Therefore, it would be appropriate to amend his records to show one bronze service star for wear on his European-African-Middle Eastern Campaign Medal.
BOARD VOTE:
x_____ x_____ x______ 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 adding the Purple Heart and one bronze service star for wear on his
already-awarded European-African-Middle Eastern Theater Campaign Medal
to his WD AGO Form 53-55.
x _________
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.
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