IN THE CASE OF:	  

		BOARD DATE:	  24 July 2008

		DOCKET NUMBER:  AR20080004549 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the Purple Heart (PH) be added to the record and separation document of her deceased husband, a former service member (FSM).

2.  The applicant states, in effect, her husband was wounded in action during World War II, and wrote home indicating he had received the PH.  She also states they have the notification telegram that informed them of his wounding.   

3.  The applicant provides a death certificate, western union telegram, letter home, separation document (WD AGO Form 53-55), school completion certificate, and news articles in support of the 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 FSM's military record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of the FSM's WD AGO Form 53-55 and the documents provided by the applicant.  

3.  The FSM's separation document shows that he enlisted in the Regular Army and entered active duty on 6 March 1942.  It also shows that he served in the European Theater of Operations (ETO) from 21 December 1944 through 
9 December 1945.  It also shows that he participated in the Ardennes, Rhineland, and Central Europe campaigns of World War II.  

4.  Item 31 (Military Qualifications) of the FSM's separation document shows that he received the Combat Infantryman Badge (CIB), and Item 33 (Decorations and Citations) shows that during his active duty tenure, he earned the Army Good Conduct Medal and 3 bronze service stars based on his campaign participation.  The PH is not included in the list of awards in Item 33, and Item 34 (Wounds Received in Action) contains the entry "None."  

5.  The applicant's WD AGO Form 53-55 also shows that the applicant held the rank of sergeant (SGT) on the date of his separation, and that this was the highest rank he attained while serving on active duty.  It also shows that he was assigned to and served with Company E, 330th Infantry Regiment, 83rd Division, and that he was honorably separated on 27 December 1945, after completing a total of 2 years, 9 months, and 10 days of active military service.  

6.  The applicant provides a letter the FSM wrote home on 11 July 1945, in which the FSM indicated that he just received credit for the PH, so he believed he would receive it soon.  She also provides a Western Union Telegram, dated 
1 February 1945, which notified her the FSM had been seriously injured in action on 8 January 1945, in Belgium.  

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that in order to award a PH there must be evidence that a member was wounded or injured as a result of enemy action, that the wound required treatment by military medical personnel, and a record of this treatment must have been made a matter of official record.  

8.  Paragraph 3-13 of the awards regulation outlines the criteria for award of the BSM.  Paragraph 3-13d (2) states, in effect, that the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945.  This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders.  

9.  Paragraph 5-11 of the awards regulation contains guidance on the Army of Occupation Medal (AOM).  It states, in pertinent part, that it is authorized for the occupation of Germany (exclusive of Berlin) between 9 May 1945 and 5 May 1955, (Service between 9 May and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.) 

10.  Paragraph 5-12 of the awards regulation contains guidance on the World War II Victory Medal.  It states that it is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. 

11.  Paragraph 5-13 of the awards regulation contains guidance on the European-African-Middle Eastern Campaign Medal.  It states, in pertinent part, that it is authorized for service in the ETO between 7 December 1941 and
8 November 1945, and that a bronze service star is authorized with the award for each campaign a member was credited with participating in while serving in the ETO.

12.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  This source confirms that during his tenure of assignment, the FSM's unit (330th Infantry Regiment) received occupation credit for Germany, and entitlement to the AOM with Germany Clasp.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM is entitled to the PH based on being injured in action in the ETO during World War II was carefully considered.  By regulation, in order to support award of the PH, there must be evidence that the wound for which the award is being made was received as a result of enemy action.  In this case, the Western Union telegram notification of 1 February 1945, confirms the FSM was wounded in action in Belgium on 8 January 1945, and corroborates the PH information provided in the FSM's letter home on 11 July 1945.  As a result, it would be appropriate to award him the PH and to correct his separation document accordingly.  
2.  In addition, by regulation, the BSM is authorized to members who received the CIB during World War II.  The evidence shows that the FSM received the CIB during World War II, as confirmed by an entry in Item 31 of his separation document.  As a result, he is entitled to the BSM and it would be appropriate to add this award to Item 33 of his separation document at this time.  

3.  The evidence also confirms that based on the FSM’s World War II service, and his service and campaign participation in the ETO, the FSM is entitled to the World War II Victory Medal, European-African-Middle Eastern Campaign Medal with 3 bronze service stars, and the AOM with Germany Clasp.  As a result, these awards should also be added to Item 33 of his WD AGO Form 53-55. 

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 awarding him the Purple Heart and Bronze Star Medal; by amending Item 33 of his WD AGO Form 53-55 by adding the Bronze Star Medal, Purple Heart, European-African-Middle Eastern Campaign Medal with 3 bronze service stars, World War II Victory Medal, and the Army of Occupation Medal with Germany Clasp; by amending Item 34 by deleting the current entry and replacing it with the entry "Wounded in Action, 8 January 1945, Belgium"; and by providing the applicant a correction to the separation document that includes these changes.



      _________x______________
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080004549



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080004549


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1