RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 April 2008
	DOCKET NUMBER:  AR20080001503 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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, in effect, that he was treated at the 1st Hospital Unit, 16th Field Hospital, on 8 and 9 August 1944, which supported Army units in the Vannes area in Brittany.  He states the hospital did not record the treatment of wounds until September 1944.  He states that he was ordered by the Military Intelligence Service to make daily entries in a diary.  He states that the 8 and 9 August 1944 entries in the diary that he maintained for his unit (Order of Battle Team 24) document his hospital treatment. 

3.  The applicant goes on to state that in denying him the Purple Heart, the Military Awards Branch stated that his diary cannot be used as evidence.  He states that the diary was not a personal diary; it was an official document, classified as "Secret."  He states that he received the diary at the Order of the Battle School in London in May 1944 and that he was given specific guidelines to include significant events and activities on a daily basis.  He states that he was ordered to turn in the diary to the Military Intelligence Service at the conclusion of hostilities for the purpose of evaluation of the effectiveness of selected Order of Battle units in the intelligence operations, as well as for the use of the entries for historical record purposes.  He states that when he went to Paris to obtain his service records, which he needed in order to be rotated to the United States, he was told that the diary project had been cancelled and the he could keep the diary.  He states that he cannot comprehend why the diary, an official document that is vital to his application for the award, has been excluded for consideration.

4.  The applicant provides in support of his application, a letter from this agency, addressed to him, dated 27 December 2007, acknowledging receipt of his application; a copy of his Report of Separation (WD AGO Form 53-55); a barely legible copy of a citation awarding him the French Croix de Guerre, dated 9 April 1946; a copy of a certificate showing that he was awarded the Bronze Star Medal; copies of pages from a document entitled "Diary 1944 O/S Team 24; copies of barely legible messages dated 30 July and 1 August 1944; a letter from his Representative in Congress, addressed to the Office of the Chief of Army Legislative Liaison, dated 13 December 2007; a letter from the Chief, Military Awards Branch, addressed to his Representative in Congress, dated 9 November 2007, regarding his request for award of the Purple Heart; a letter from his Representative in Congress, addressed to Office of the Chief of the 



Army Legislative Liaison, dated 23 October 2007, regarding his eligibility for the award of the Purple Heart; a copy of a certificate for successful completion of the Military Intelligence Service Order of Battle School; a copy of a letter addressed to him from the National Archives and Records Administration, dated 6 September 2007, notifying him that a review of the citations for awarding the Purple Heart to the 16th Field Hospital did not show his name; a self authored letter, addressed to the Department of the Army, dated 20 September 2007, responding to their letter dated 9 May 2007; a copy of letter from the Chief, Military Awards Branch, addressed to his Representative in Congress responding to the letter dated 9 May 2007; a copy of a letter from the National Personnel Records Center, addressed to him dated 16 August 2007, responding to his request for a search of Army Morning Reports; a copy of his letter, addressed to the Chief, Military Awards Branch, dated 11 April 2007 requesting the award of the Purple Heart; and a copy of his Honorable Discharge Certificate.

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 that were obtained from alternate sources to conduct a fair and impartial review of this case.

3.  On 23 June 1943, the applicant was inducted into the Army at Fort Myer, Virginia.  He successfully completed his training as a counterintelligence corps specialist.



4.  On 10 April 1944, he was transferred to the European Theater of Operations (ETO).  The available record show that while he was in the ETO, he participated in campaigns in Normandy; Northern France; Ardennes; Rhineland; and Central Europe.  

5.  The diary that the applicant submits in support of his application indicates that on 8 August 1944, he went to the hospital in Vannes where he met a Canadian paratrooper and tried to get him "DIV," and he went to dinner at Andre`.  The entry in the diary for 9 August 1944 indicates that there was trouble with "Lewine" and that he was again in the hospital with "G-1 Sgt.”  The entry also indicates that he went swimming on the beach and that he had dinner at Andre`.

6.  The messages dated 30 July 1944 that he submitted in support of his request indicates that vehicles were found loaded with teller mines, and the message dated 1 August 1944 is illegible. 

7.  He returned to the Continental United States on 10 December 1945 and he was honorably discharged from the Army 15 December 1945.  The WD AGO Form 53-55 that he was furnished at the time of his discharge shows that he was awarded the Bronze Star Medal, the Distinguished Unit Badge, the Good Conduct Medal, the European African-Middle-Eastern Theater Ribbon, the World War II Victory Medal, and the Honorable Service Lapel Button.  His WD AGO Form 53-55 also shows that he qualified for the Marksman Marksmanship Qualification Badge (Rifle M-1).  However, his WD AGO Form 53-55 does not include any service stars to indicate is campaign participation.

8.  The citation awarding the applicant the French Croix de Guerre is dated 9 April 1946.  It is signed by Headquarters, United States Forces, European Theater, Assistant Adjutant General and it is addressed to The Adjutant General, Washington, D.C.  The French Croix de Guerre appears to have been awarded to him in accordance with Decision Number 1174, dated 30 October 1945.  

9.  A review of the available records does not show that the applicant was wounded/injured as a result of hostile action by enemy forces.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound/injury was the result of hostile action, the wound/injury must have required treatment, and the medical treatment must have been made a matter of official record.

11.  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.

12.  Army Regulation 600-8-22 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 states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  This regulation also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  A review of the available records does not substantiate that the applicant met the criteria for the award of the Purple Heart.

2.  His contentions and all of his supporting documents have been noted.  However, there is no evidence in the available records, nor has he submitted any evidence to show that he was wounded/injured as a result of hostile action by enemy forces.  Although there are entries in the diary that show he was at the hospital, those entries do not reflect the reasons that he was at the hospital, or that he was at the hospital as a result of being wounded/injured by enemy forces. 

3.  The information submitted by the applicant to support his contentions for award of the Purple Heart is vague and it is insufficient to warrant awarding him the Purple Heart.

4.  However, the applicant was awarded the French Croix de Guerre on 9 April 1946, after he had already been discharged.  Therefore his WD AGO Form 53-55 should be corrected to show this award.

5.  Additionally, the available records show that the applicant is entitled to the Army of Occupation Medal and one silver service star for inclusion on his European-African-Middle Eastern Campaign Medal to reflect his campaign 

participation.  Therefore, his WD AGO Form 53-55 should be corrected to reflect these awards.

6.  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

__x  __  __x_  __x_  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.

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 by amending his DD Form 214 to show that he was awarded the French Croix de Guerre, the Army of Occupation Medal and a silver service star for inclusion on his European-African-Middle Eastern Campaign Medal to reflect his campaign participation; and by awarding the appropriate decorations.




      ____x____
                 CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20080001503



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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