IN THE CASE OF:	 

		BOARD DATE:	 24 September 2008 

		DOCKET NUMBER:  AR20080007627 


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 Bronze Star Medal and the Purple Heart be added to his WD AGO Form 53-55, Enlisted Record and Report of Separation - Honorable Discharge.

2.  The applicant states, in effect, that he was injured during a battle in World War II and was also awarded the Bronze Star Medal for his actions; however, neither award is on his report of separation.

3.  In support of his application, the applicant submitted a copy of his WD AGO Form 53-55; a copy of a letter addressed to his wife from the Office of The Adjutant General, Washington, DC, dated 9 August 1944; a copy of two DA Forms 1577, Authorization for Issuance of Awards; a copy of an Addendum to DA Form 1577, dated 7 February 2001; and a VDVA Form 7, Virginia Department of Veterans Services, Field Transmittal Record, dated 17 April 2008.

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 were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from the applicant's reconstructed record, his enlisted record and report of separation, and from other official Army sources.

3.  The evidence shows that the applicant was inducted on 3 May 1941.  He entered service at Roanoke, Virginia, on the same date.  The applicant was honorably discharged in the grade of Private First Class on 6 June 1945 as a General Chemical Warfare Man in the military occupational specialty, 979.

4.  Item 6 (Organization), of the applicant's WD AGO Form 53-55, shows he was assigned to the 18th Chemical Maintenance Company on 6 June 1945.  Item 33 (Decorations and Citations) shows that the applicant was awarded the Good Conduct Medal by General Orders 59 published by the 18th Chemical Maintenance Company on 15 March 1945.  This item shows that in addition to the Good Conduct Medal, he was awarded the European African Middle Eastern Service Medal [correctly known as the European-African-Middle Eastern Campaign Medal].  The Bronze Star Medal and the Purple Heart are not shown in Item 33.  Copies of orders awarding the applicant the Purple Heart and the Bronze Star Medal are not on file in the applicant's reconstructed records.

5.  Item 31 (Military Qualification and Date), of the applicant's WD AGO Form 
53-55, shows he was awarded the Combat Infantryman Badge.

6.  Item 32 (Battles and Campaigns), of the applicant's WD AGO Form 53-55, shows he was given credit for participating in the Normandy, Rhineland, and Northern France campaigns of World War II.

7.  Item 34 (Wounds Received in Action), of the applicant's WD AGO Form 
53-55, shows the entry, "None."

8.  Item 37 (Total Length of Service / Continental Service), of the applicant's WD AGO Form 53-55, shows he served an aggregate period of 1 year, 4 months, and 28 days within the Continental United States.

9.  In the applicant's service personnel reconstructed record is a copy of a National Archives and Records Administration MPR Finding Aid Report, dated 9 December 2000 which shows that a SGO (Surgeon General' Office) Hospital List record was created indicating that the applicant received medical treatment for either an injury or a wound and it was made a matter of official record during World War II.

10.  With his application for correction of his record, the applicant submitted a copy of a letter prepared and distributed by the office of The Adjutant General, Washington, DC, on 9 August 1944.  This letter was addressed to the applicant's wife and told her that the letter was being sent to confirm their recent telegram to her wherein she was informed the applicant had been seriously injured in action on 16 July 1944.

11.  Army Regulation (AR) 600-8-22 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.

12.  AR 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

13.  AR 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

14.  AR 600-8-22, in pertinent part, authorizes award of 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 service medal, in this case the European-African-Middle Eastern Service Medal.  The regulation further provides that one silver service star will be worn in lieu of five bronze service stars.

15.  AR 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. 

DISCUSSION AND CONCLUSIONS:

1.  The Army awards regulation provides that the Bronze Star Medal is awarded for heroism, meritorious achievement, or meritorious 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 is considered to be a citation in orders.  The evidence shows the applicant was awarded the Combat Infantryman Badge during World War II.  Based on this evidence and the special provisions of the Army's awards regulation, the applicant is therefore entitled to award of the Bronze Star Medal and to have it added to his WD AGO Form 53-55.

2.  Even though a SGO Hospital List report is not available for the Board's review, the indication that is given by the copy of the National Archives and Records Administration MPR Finding Aid Report is that he was injured or wounded and received medical treatment during World War II.  Confirming evidence that he was injured in action is the letter the applicant's wife received in which she was informed by the Office of the Adjutant General that he had been seriously injured in action on 16 July 1944.  Based on this evidence, the applicant is entitled to award of the Purple Heart and to have it added his WD AGO Form 53-55.

3.  The applicant was awarded the European-African-Middle Eastern Campaign Medal while he served in World War II.  The applicant was given credit for his participation in three campaigns of World War II.  He is therefore entitled to award of the European-African-Middle Eastern Campaign Medal, with three bronze service stars, and to have this award correctly shown on his WD AGO Form 53-55.

4.  The applicant served an aggregate period of over one year in the Continental United States.  The evidence shows he met the criteria for award of the American Campaign Medal.  He is therefore entitled to award of the American Campaign Medal and to have it shown on his WD AGO Form 53-55.

5.  The evidence shows the applicant was assigned to a unit at the time it was awarded credit for the occupation of Germany.  He is therefore entitled to award of the Army of Occupation Medal, with Germany Clasp, and to have it added to his WD AGO Form 53-55.

6.  The applicant served on active duty, as a member of the Army of the United States, during the qualifying period for award of the World War II Victory Medal.  He is therefore entitled to award of the World War II Victory Medal and to have this award added to 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:

	a.  awarding the applicant the Purple Heart for wounds he received on 16 July 1944 and adding this award to his WD AGO Form 53-55;

	b.  awarding the applicant the Bronze Star Medal based on his having been awarded the Combat Infantryman Badge during World War II and adding this award to his WD AGO Form 53-55;

	c.  deleting the European African Middle Eastern Service Medal from the applicant's WD AGO Form 53-55 and adding the European-African-Middle Eastern Campaign Medal, with three bronze service stars, to his WD AGO Form 53-55; and

	d.  awarding the applicant the American Campaign Medal; the Army of Occupation Medal, with Germany Clasp; and the World War II Victory Medal; and adding these awards to his WD AGO Form 53-55.




      _______ _  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)                                         AR20080007627





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ABCMR Record of Proceedings (cont)                                         AR20080007627



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