IN THE CASE OF:	  .  


	BOARD DATE:	  18 March 2008
	DOCKET NUMBER:  AR20070016735 


	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

Mr. Gerald J. Purcell

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 correction of his Military Record and Report of Separation Certificate of Service (WD AGO Form 53-98) to show award of the 
Purple Heart.

2.  The applicant states only that his records should include the Purple Heart.

3.  The applicant provides copies of his WD AGO Form 53-98 and his previous enlisted record.

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.  On 22 July 1943, the applicant was inducted into the Army of the United States.  He completed clerk typist training and was awarded military occupational specialty 405.  On 9 May 1944, he was promoted to the rank of corporal.

4.  On 15 November 1944, the applicant was discharged for the convenience of the government, for the purpose of accepting a commission as a second lieutenant with concurrent call to active duty.

5.  On 16 November 1944, the applicant entered the Army of the United States as an infantry second lieutenant.  
6.  On 10 December 1944, the applicant deployed to the European Theater of Operations, serving with the 370th Infantry Regiment, 92nd Infantry Division.  He participated in the Northern Appennines and Po Valley campaigns. 

7.  On 15 June 1945, the applicant received a general officer letter of commendation from the 92nd Infantry Division.

8.  On 28 October 1945, the applicant departed the ETO and returned to the United States on 31 October 1945.  He was subsequently released from active duty on 25 January 1946.  He had attained the rank of first lieutenant and had completed 1 year, 2 months, and 10 days of commissioned active duty service. 

9.  Items 29 and 43 (Decorations and Citations and Remarks) of the applicant’s WD AGO Form 53-98 lists his awards as the European-African-Middle Eastern Service Medal, World War II Victory Medal, American Service Medal, Bronze Star Medal, and the Combat Infantryman [Badge].  It does not list the Purple Heart.

10.  Item 30 (Wounds Received in Action) of the applicant’s WD AGO 
Form 53-98 shows “None”.

11.  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 by a medical officer, and the medical treatment must have been made a matter of official record.
  
12.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his separation documents.

13.  Army Regulation 600-8-22 (Military Awards) 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.  This regulation also provides that the second and subsequent awards of the Bronze Star Medal are denoted by an Oak Leaf Cluster.
14.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving during World War II.  This publication shows that the 370th Infantry Regiment, during the time of the applicant's assignment participated in two campaigns, the Northern Appennines and the Po Valley.  This publication further shows that the 370th Infantry Regiment, during the time of the applicant's assignment, was cited for award of the Italian Cross for Merit of War.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the wear of a bronze service star on the European-African-Middle Eastern Service Medal for participation in each campaign.  

DISCUSSION AND CONCLUSIONS:

1.  There is no available evidence of record showing that the applicant was wounded in action or that he was awarded the Purple Heart.  The applicant has not provided any evidence or argument in support of his contention that his records should show award of the Purple Heart.  Therefore, the applicant's request for award of the Purple Heart should be denied.

2.  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 a second award of the Bronze Star Medal. Therefore he should be awarded an Oak Leaf Cluster to be affixed to his already awarded Bronze Star Medal.

3.  Records clearly show that the applicant participated in two campaign periods. Therefore, he is eligible for award of two bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Service Medal.

4.  Records clearly show that the applicant’s unit was cited for award of the Italian Cross for Merit of War.  Therefore, his records should be corrected to show this foreign unit award.









BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__ RTD __  _RMN   _  __GJP __  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 of the individual concerned be corrected by:

a.  awarding him a second Bronze Star Medal based on his award of the Combat Infantryman Badge; and

b.  showing that, in addition to the awards shown on his WD AGO Form 53-55, his authorized awards include an Oak Leaf Cluster to be affixed to his already awarded Bronze Star Medal, two bronze service stars to be affixed to his already awarded European-African-Middle Eastern Service Medal, and the Italian Cross for Merit of War.

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 award of the Purple Heart.  




___Richard T. Dunbar____
          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.