IN THE CASE OF:	  

		BOARD DATE:	  	  15 October 16, 2008

		DOCKET NUMBER:  AR20080008587 


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, award of the Purple Heart (PH) and the Combat Infantryman Badge (CIB). 

2.  The applicant states, in effect, that he was injured at North Africa, Tunisia (1st Armored Division, General Patton).  He was reassigned to a tank unit (645th Tank).  He states that shrapnel blast injured his jaw (23rd General Hospital, Switzerland WWII).  

3.  The applicant provides a copy of a Purple Heart Certificate in support of his application.  

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 (NPRC) 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.  This case is being considered using reconstructed records, which primarily consist of the applicant's Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55).  

3.  The applicant's WD AGO Form 53-55 shows that he enlisted in the Regular Army on 14 May 1947, with 3 years and 4 days of honorable prior service.  It also shows that his military occupational specialty was (MOS) 0660 (Tank Mechanic) and the highest grade he attained was Corporal.

4.  Item 31 (Military Qualification and Date (i.e. infantry, aviation, and marksmanship badges, etc.)) is blank.

5.  Item 33 (Decorations and Citations) of the applicant's separation document shows he earned the American Theater Ribbon, the European-African-Middle Eastern Ribbon, the Army Good Conduct Medal, the Bronze Star Medal, and the World War II Victory Medal.  The PH is not listed.  Item 34 (Wounds Received in Action) contains the entry "None" and the applicant authenticated the separation document with his signature, in Item 56 (Signature of Person Being Separated), on the date of his separation.

6.  There are no orders or other documents in the applicant's reconstructed file that show he was ever recommended for or awarded the PH by proper authority, or that he was ever treated for a combat-related wound by medical personnel while he was serving on active duty.

7.  There are also no orders or other documents in the applicant’s reconstructed file that show he was awarded the CIB.

8.  On 31 January 1950, the applicant was honorably separated, in the rank of Corporal, after completing a total of 2 years, 2 months, and 19 days of continental service, and 4 months and 28 days of foreign service.


9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that in order to award a PH there must be evidence that a member was wounded 
or injured as a result of enemy action, that the wound required treatment by medical personnel, and a record of this treatment must have been made a matter of official record.  

10.  The Military Awards Branch of the U.S. Army Human Resources Command, (USAHRC) has advised that, during World War II, the CIB was normally awarded only to enlisted individuals who served in the following positions:  Light machine gunner (604); Heavy machine gunner (605); Platoon sergeant (651); Squad leader (653); Rifleman (745); Automatic rifleman (746); Heavy weapons NCO (812); and Gun crewman (864).  

11.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Chapter 8 contains guidance on awarding the CIB.  It states, in pertinent part, that there are basically three requirements for the CIB.  The Soldier must hold an infantry MOS, must serve with an infantry unit of brigade, regimental, or smaller size, and must be personally present and participate with his unit while it is engaged in active ground combat with the enemy.  Combat service, battle, or campaign participation alone does not support award of the CIB.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for the Purple Heart was carefully considered and found to be insufficient in evidence.  By regulation, in order to support award of the Purple Heart there must be evidence that the wound for which the award is being made was received as a result of enemy action.

2.  The PH is not included in the list of awards contained in Item 33, and the applicant authenticated this document with his signature in Item 56.  In effect, his signature was his verification that the information contained on the WD AGO Form 53-55, was correct at the time the separation document was prepared and issued.

3.  In addition, the applicant's available record is void of any orders or other documents that indicate he was ever recommended for or awarded the Purple Heart by proper authority, or that he was ever treated for a combat-related wound by medical personnel while he was serving on active duty.  


4.  The applicant’s claim that he is entitled to the CIB was also carefully considered.  However, by regulation, in order to support award of the CIB, a member must not only have been serving in a qualifying infantry unit, but also must have held and been serving in an infantry MOS; combat service alone does not support award of the CIB.  In this case, the evidence shows the applicant held and served in MOS 0660 as a Tank Mechanic.

5.  Further, the CIB is not listed in Item 31 of the applicant's separation document, where it should have been annotated had he received the award.

6.  Absent any evidence showing that the applicant held and served in an infantry MOS, or that he was awarded the CIB by proper authority while serving on active duty, the regulatory burden of proof necessary to support award of the CIB has not been satisfied in this case.  

7.  The sincerity of the applicant’s claim is in not in question.  However, based on the available evidence, there is insufficient evidence upon which to base the award of the PH or the CIB in this case.

8.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  

9.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of the applicant's service in arms.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      __________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)                                         AR20080008587



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ABCMR Record of Proceedings (cont)                                         AR20080008587



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