IN THE CASE OF:	  

	BOARD DATE:	  21 August 2008

	DOCKET NUMBER:  AR20080005739 


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 that his records be corrected to show he was wounded in combat and awarded the Purple Heart.

2.  The applicant states that he was wounded during World War II (WW II) and is currently receiving a total (100 percent) disability evaluation from the Department of Veterans Affairs (VA) based on the findings in his service medical records.

3.  The applicant provides copies of an NA Form 13038 (Certification of Military Service, four pages of entries from the applicant's service medical records, a portion of an article from the Veterans of Foreign War Magazine listing military actions in 1945, five photographs with commentary, and a series of diary like letters from the applicant recounting his service.

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 personnel records were lost or destroyed in a fire at the National Personnel Records Center in 1973.  Further, the applicant's service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and only those provided by the applicant are available for review.  The records available to the Board were provided by the applicant and are sufficient for the Board to conduct a fair and impartial review of this case.  

3.  The records show the applicant served on active duty from 28 October 1943 through 30 June 1949 and was honorably discharged as a private first class.

4.  The available service medical records show that the applicant was wounded in action on 30 November 1944.  He received treatment for shrapnel wounds to the left side of his face as well as for trench foot.  The available records show he was treated at the 9th Field Hospital, the 40th General Hospital, and a third hospital (whose name is not clearly discernable) between 30 November 1944 and 5 December 1944.  There is an entry on a treatment record, dated 2 December 1944, that the applicant is entitled to the Purple Heart.  

5.  The service medical records show his unit of assignment, when he was wounded, as Company F, 22nd Infantry Regiment, 4th Infantry Division.

6.  A WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge) is of record but the form is of poor quality.  The following pertinent information is legible from this form:

	a.  although the block for date of separation is blank, this form covers the applicant's second period of service from 4 May 1946 through 30 June 1949; 
	
	b.  he reenlisted at Fort Bragg, North Carolina with 2 years, 6 months, and 27 days of prior active duty;

	c.  he served this entire period within the Continental United States;

	d.  he did not receive any awards or decoration during this period of service;

	e.  he qualified with the M-1 carbine and the M-1 rifle although the level of that qualification is not recorded; and
	f.  he was honorably separated with a Certificate of Disability Discharge on 30 June 1949. 

7.  In the comments accompanying the photographs, the applicant indicates that he was wounded on three different occasions and suffered from trench foot.  He reports that he served in Europe with Company F, 22nd Infantry Regiment, 4th Infantry Division until he was wounded on 30 November 1944.  He was hospitalized for 3 months and upon his release from the hospital he was assigned to the Ground Forces Reinforcement Center (GFRC) of the 22nd Regiment as a truck and courier driver.

8.  The applicant requested copies of his discharge documents and awards from the National Personnel Records Center in 2007.  He was notified, at that time, that due to the loss of his records in the 1973 fire the only awards that could be verified were the WWII Victory Medal and the Honorable Service Lapel Button.  He was issued a Certification of Military Service showing his entire period of active duty as from 28 October 1943 through 30 June 1949.

9.  An attempt to obtain copies of the applicant's pay records met with negative results.

10.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register shows that during WWII the 22nd Infantry Regiment, was credited with participation in five campaigns, including the Rhineland Campaign (15 September 1944 – 21 March 1945).  It was awarded the Distinguished Unit Citation (now known as the Presidential Unit Citation) on two occasions for the periods 26 July 1944 through 1 August 1944, and 
16 November 1944 through 4 December 1944.  It further shows that this unit received the Belgian Fourragere (for the periods 7 through 13 September 1944 and 16 through 21 December 1944); and occupation credit for duty in Germany for the period 2 May 1945 through 21 June 1945.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that;

	a.  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.

	b.  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 medical personnel, and the medical treatment must have been made a matter of official record;

	c.  there are three basic requirements for award of the Combat Infantryman Badge.  The enlisted Soldier must have an infantry specialty; he must be satisfactorily perform infantry duties while assigned or attached to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat; and he must be personally present and under hostile fire while serving in that unit.

	d.  the European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.  This medal is awarded to any service member who was permanently assigned in the theater, who was in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days, or who was in active combat against the enemy and was awarded a combat decoration, or who was furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat;

	e.  the American Campaign Medal is awarded for service within the American Theater between 7 December 1941 and 2 March 1946 within the continental limits of the United States for an aggregate period of 1 year;  

	f.  the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive; and

	g.  a bronze service star is authorized, 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.  At the time of the applicant's service, separation documents were prepared for each period of service and did not carry forward any listing of awards from earlier periods of service.  Therefore the information on the available separation document is of limited value.

2.  With the destruction of the applicant's service records it is impossible to fully verify what units the applicant served with and for what periods.  It is also impossible to determine all of the awards and decorations to which he might be entitled.  However, the limited records do allow for a determination that the applicant was entitled to the awards as denoted below. 

3.  The available service medical records clearly show that the applicant received a combat wound to his face on 30 November 1944 and he received treatment for this wound from at least three different hospitals.  He is entitled to award of a Purple Heart.  

4.  Considering that he was wounded while in action against the enemy as a member of an infantry company, combined with his recollection of receipt of the additonal pay for award of the Combat Infantryman Badge, it is appropriate to show that the applicant was authorized the Combat Infantryman Badge.

5.  With the recognition that the applicant was in receipt of the Combat Infantryman Badge, he is also authorized award of the Bronze Star Medal for meritorious service based on the award of the Combat Infantryman Badge during WW II.

6.  The limited records show that the applicant served in the European Theater of Operations during the period for which the European-African-Middle Eastern Campaign Medal was authorized as well as in the American Theater during the period for which the American Campaign Medal was authorized.  

7.  The available records also show that the applicant served with the 22nd Infantry Regiment during the period it was awarded the Rhineland Campaign credit, the Presidential Unit Citation, and the Belgian Fourragere.

8.  Based on his combat service during the Rhineland Campaign, he is authorized a bronze service star to be worn on his European-African-Middle Eastern Campaign Medal.


9.  In addition to the awards listed above, the applicant is also authorized award of the World War II Victory Medal.

10.  With the destruction of his official records, it is appropriate to issue the applicant a statement of service to list all available information related to his periods of service to include but not be limited to showing his awards as the Bronze Star Medal, the Purple Heart, the European-African-Middle Eastern Campaign Medal with one bronze service star, the American Campaign Medal, the World War II Victory Medal, the Presidential Unit Citation, the Combat Infantryman Badge, and the Belgian Fourragere.

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 issuing the applicant a statement of service listing all available information related to his periods of service, to include but not limited to, showing his awards as the Bronze Star Medal, the Purple Heart, the European-African-Middle Eastern Campaign Medal with one bronze service star, the American Campaign Medal, the World War II Victory Medal, the Presidential Unit Citation, the Combat Infantryman Badge, and the Belgian Fourragere.



      __________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)                                         AR20080005739



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ABCMR Record of Proceedings (cont)                                         AR20080005739



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