IN THE CASE OF:	  

		BOARD DATE:	       4 September 2008

		DOCKET NUMBER:  AR20080008111 


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 his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to reflect his time in Africa, Italy, France, and Germany and that it be corrected to show he was injured in France.  He also requests award of the Purple Heart and that he receive all his medals.

2.  The applicant states that his records were lost in the St. Louis fire.  He would like his records to show the locations he served in during his tour, his injury, and the medals he might be authorized.  His record does not show that he was an ambulance driver at the front where he was burned with a blowtorch.

3.  The applicant provides his WD AGO Form 53-55, his Honorable Discharge Certificate, and his WD AGO Form 100 (Separation Qualification Record).

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, consisting of his WD AGO Form 53-55 and his WD AGO Form 100, for the Board to conduct a fair and impartial review of this case.

3.  The applicant’s WD AGO Form 53-55 shows that he was inducted into the Army on 9 June 1943 and entered active duty on 24 June 1943; that he arrived in the European Theater of Operations on 18 April 1944; that he was credited with participation in the Rome-Arno, Southern France, Rhineland, and Central Europe campaigns; that he departed the European Theater of Operations on 18 December 1945; and that he was honorably discharged on 6 January 1946.

4.  The applicant’s WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Campaign Medal, the Army Good Conduct Medal, and the World War II Victory Medal.  Item 34 (Wounds Received in Action) contains the entry, “None.”

5.  The applicant’s WD AGO Form 100 shows that he drove an ambulance for the purpose of transporting sick, injured, or wounded personnel to a collecting station or hospital.

6.  Army Regulation 600-8-22 (Military Awards) states 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.

7.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  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.  As the applicant is aware, his records were presumably lost or destroyed in the 1973 fire at the National Personnel Records Center.  Unless he can provide documents, those records cannot be reconstructed.

2.  Two documents from the applicant’s records are available – his WD AGO Form 53-55 and his WD AGO Form 100.  Neither of those documents was meant to be an all-encompassing record of his military service.  They were meant to provide only a brief synopsis of his service.

3.  The applicant’s WD AGO Form 53-55 shows he was credited with participation in the Rome-Arno campaign (i.e., Italy), in the Southern France campaign (i.e., France), and in the Rhineland and Central Europe campaigns (i.e., Germany).  Those entries are a record of his service in those countries.  There is no available evidence of record and he provided none to show he served in Africa; therefore, there is insufficient evidence on which to base a correction of this document to show he served in an African-area campaign.

4.  The applicant’s WD AGO Form 100 shows that he drove an ambulance for the purpose of transporting sick, injured, or wounded personnel to a collecting station or hospital.

5.  There is no evidence of record and the applicant provided no evidence to show he was injured in France.  He contended that he was injured at the front where he was burned with a blowtorch.  However, he provides no details on how the injury occurred.  There is insufficient evidence on which to base award of the Purple Heart or to correct his WD AGO Form 53-55 to show he was injured in France.

6.  The applicant’s credit for participation in the Rome-Arno, Southern France, Rhineland, and Central Europe campaigns makes him eligible to wear four bronze service stars on his European-African-Middle Eastern Campaign Medal.  His WD AGO Form 53-55 should be amended to reflect this fact.

7.  There is insufficient evidence to show that the applicant is eligible for any other awards or decorations.

8.  It would be equitable to authorize issuance to the applicant all of the awards reflected on his WD AGO Form 53-55.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___xx___  __xx____  ___xx___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  amending his WD AGO Form 53-55 to show he is authorized to wear four bronze service stars on his already-awarded European-African-Middle Eastern Campaign Medal; and

   b.  authorizing issuance to him of all the awards reflected on his WD AGO Form 53-55.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his WD AGO Form 53-55 to show he was credited with an African-area campaign, to show he was injured in France, or to award him the Purple Heart.



      _________xxxx____________
                 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)                                         AR20080008111



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ABCMR Record of Proceedings (cont)                                         AR20080008111



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