IN THE CASE OF:	  

	BOARD DATE:	  
	DOCKET NUMBER:  AR20080008232 


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, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show that he was awarded the Purple Heart.

2.  The applicant states, in effect, that his WD AGO Form 53-55 does not show the Purple Heart.  He was hospitalized in Paris, France, in 1945 which is where he was awarded the Purple Heart. 

3.  The applicant provides a copy of a photograph of the Purple Heart and a copy of his WD AGO Form 53-55 in support of his request.

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.  Records available to the Board were obtained from alternate sources and show he was inducted and entered active duty on 8 June 1944.  He was trained in military occupational specialty (MOS) 055 as a general clerk.  He was assigned to Company E, 414th Infantry Regiment.  He served in the European Theater of Operations (ETO).  He was honorably separated on 12 May 1946.

3.  Item 4 (Arm or Service) of the applicant's WD AGO Form 53-55 shows that he was an infantry Soldier.

4.  Item 32 (Battles and Campaigns), item 33 (Decorations and Citations), and item 34 (Wounds Received in Action) of his WD AGO Form 53-55 show the entry "not available."

5.  Item 41 (Service Schools Attended), of his WD AGO Form 53-55, shows he attended the Infantry Clerical School.

6.  Item 55 (Remarks), of the applicant’s WD AGO Form 53-55 shows that he separated from the service on a partial service record and affidavit from the Soldier.

7.  The applicant’s records contain a copy of a Surgeon General’s Office (SGO) Hospital Listing, which show that the applicant received a battle injury on 31 March 1945, while serving in the ETO.  He was diagnosed as having a sprain of joint on his wrist due to evasive action (personnel taking shelter).  He was hospitalized for 18 days.  His injury was described as a battle casualty or battle injury not intentionally inflicted by self or another person.  He was also admitted to the hospital on 12 December 1944 for pylorospasm.

8.  The applicant’s records contain a copy of his War Department Form 372A (Final Payment – Work Sheet), dated May 1946, which shows he was paid combat infantry pay from 31 March 1945 to 12 May 1946, the date he was honorably separated.  It also shows that he arrived in the United States on 29 January 1946.

9.  The applicant provided a copy of a photograph of a Purple Heart award.

10.  Army Regulation 600-8-22 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.

11.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  Additionally, World War II holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay and holders of the Expert Infantryman Badge were entitled to expert infantry pay.  Therefore, Soldiers had economic as well as intangible reasons to ensure that their records were correct. Thus, pay records are frequently the best available source to verify entitlement to this award.  The Awards Branch, Total Army Personnel Command, (USAHRC) has advised in similar cases that, during World War II, the Combat Infantryman Badge was normally awarded only to enlisted individuals who served in the following positions:

	a.  Light machine gunner (604)

	b.  Heavy machine gunner (605)

	c. Platoon sergeant (651)

	d.  Squad leader (653)

	e.  Rifleman (745)

	f.  Automatic rifleman (746)

	g.  Heavy weapons NCO (812)

	h.  Gun crewman (864)

12.  Army Regulation 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.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

13.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of the European-African-Middle Eastern Campaign Medal (EAME) for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the EAME Campaign Medal.

14.  While the applicant was serving in the ETO he participated in the Central Europe and Rhineland campaigns.

15.  Army Regulation 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.

16.  Department of the Army Pamphlet 672-1 shows, among other information, occupation credit awarded to units during World War II.  This document shows the unit to which the applicant was assigned, Company E, 414th Infantry Regiment, 104th Infantry Division, was awarded occupational credit for the occupation of Germany for the period from 2 May 1945 to 3 June 1945.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant became a battle casualty on 31 March 1945 while serving in the ETO.  He was diagnosed as having a sprain of joint on his wrist caused by evasive action, personnel taking shelter.  Therefore, this evidence is sufficient to approve and correct his records to show the award of the Purple Heart.

2.  The evidence of record shows that the applicant was an infantry Soldier, performed the duties as a rifleman in combat while assigned to an infantry unit, was wounded as an infantry Soldier, and was paid combat infantry pay from 31 March 1945 to 12 May 1946.  He is, therefore, entitled to award of the Combat Infantryman Badge for his service during World War II.  The applicant is also entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge, which is considered a citation in orders, and to have it added to his WD AGO Form 53-55 based on the special provisions of the awards regulation.

3.  A review of the applicant's SGO Hospital Listing shows that he was in the ETO on 12 December 1944 and his War Department Form 372A shows he arrived in the US on 29 January 1946.  This evidence is sufficient to show that he met the criteria for award of the EAME Campaign Medal.  However, this award was not shown on his WD AGO Form 53-55.  He participated in two campaigns.  He is, therefore, entitled to award of the EAME Campaign Medal with two bronze service stars and to have this award shown on his WD AGO Form 53-55.

4.  The applicant served on active duty during the qualifying period for award of the World War II Victory Medal.  Therefore, he is entitled to correction of his records to show this award.

5.  The evidence of record shows that the applicant's unit of assignment served a period of qualifying service for award of the Army of Occupation Medal with Germany Clasp.  He is, therefore, entitled to correction of his records to show this award.

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:

	a.  by awarding the applicant the Purple Heart for wounds received in action on 31 March 1945; the Combat Infantryman Badge; the Bronze Star Medal, based on award of the Combat Infantryman Badge; the European-African-Middle Eastern Campaign Medal with two bronze service stars; the World War II Victory Medal; and the Army of Occupation Medal with Germany Clasp; and by adding these awards to his WD AGO Form 53-55; and


	b.  adding the Central Europe and Rhineland campaigns to Item 32 (Battles and Campaigns) of his WD AGO 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)                                         AR20080008232



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080008232



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1