IN THE CASE OF:	  

	BOARD DATE:	  24 September 2008

	DOCKET NUMBER:  AR20080008011


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 award of the Purple Heart for wounds received in action during World War II.         

2.  The applicant states that he was hit by shrapnel and glass while dodging a mortar barrage.  

3.  The applicant provides a copy of a Field Medical Card (Form 52b) showing the cause and treatment of his wound.

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.  The applicant’s Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) shows:

   a.  that he was inducted into the Army of the United States and entered active duty on 9 August 1944;

   b.  that he was in the Corps of Engineers and held military occupational specialty 059 (Construction Foreman);

   c.  that he was assigned to the European Theater of Operations (ETO) and arrived in theater on 25 January 1945;

   d.  that he participated in two campaigns in the ETO and had qualified as a marksman with his M-1 rifle;

   e.  that his awards include the Good Conduct Medal, European-African-Middle Eastern Campaign Medal, Army Occupation Medal with Germany Clasp, and the World War Victory Medal [It does not show award of the Purple Heart.];

   f.  that he served in the ETO until 18 June 1946, when he returned to the United States; and

   g.  that he did not receive any wounds in action.

4.  The applicant’s medical record shows that he was a battle casualty on 
30 March 1945, when he suffered a light wound to his right hand while dodging a mortar barrage in Germany.  The wound was given medical treatment.

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

6.  Army Regulation 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.

7.  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 Campaign Medal for participation in each campaign.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was wounded in his right hand on 30 March 1945, as a result of enemy action and received medical treatment for this wound.  Therefore, he should be awarded the Purple Heart.

2.  The applicant served during a qualifying period for award of the American Campaign Medal.  Therefore, his records should be corrected to show this award.

3.  The applicant participated in two campaigns.  Therefore two bronze service stars should be shown on his European-African-Middle Eastern Campaign Medal.

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 to him the Purple Heart for wounds received in action on 
30 March 1945; 

   b.  showing, in addition to the awards already shown on his WD AGO Form 53-55, that his awards include the Purple Heart, American Campaign Medal, and two bronze service stars to be affixed to his already awarded European-African-Middle Eastern Campaign Medal; and
   
   c.  showing in Item 34 (Wounds received in Action) on his WD AGO Form
53-55, that he received a wound to his right hand on 30 March 1945 as the result of enemy action.



	__________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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080008011



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