IN THE CASE OF:
BOARD DATE: 12 August 2008
DOCKET NUMBER: AR20080009232
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 that his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show award of the Purple Heart.
2. The applicant states, in effect, that he was awarded the Purple Heart and it was not annotated on his discharge document.
3. The applicant provides a copy of the General Orders awarding him the Purple Heart and a copy of his WD AGO Form 53-55.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The evidence of record shows the applicant's service began on 13 August 1943. He served in military occupational specialty 733 (Scout Car Crewman) and attained the rank of private first class.
4. The applicant was assigned to Troop A, 3rd Cavalry Reconnaissance Squadron Mechanized while he served in the European Theater of Operations during the period 14 May 1944 through and 21 January 1945. He participated in the Northern France and Rhineland campaigns.
5. The applicant provided a copy of General Orders Number 23, Headquarters, 109th Evacuation Hospital, dated 1 October 1944, awarding the applicant the Purple Heart for wounds sustained in France on 30 September 1944.
6. Information from Hospital Information Card created by the Office of the Surgeon General, Department of the Army, shows that the applicant was hospitalized on 30 September 1944 due to fracture of the fibula from an artillery shell or fragment. His injury was classified as a battle injury and that he was retired for disability.
7. Item 34 (Wounds Received in Action) of the applicants WD AGO Form 53-55 shows "Eur Afr Med E T 30 September 44." Item 33 (Decorations and Citations) does not show award of the Purple Heart.
8. 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 a medical officer, and the medical treatment must have been made a matter of official record. This regulation further states that there is no time limit on submission of requests for award of the Purple Heart.
9. Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.
10. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists unit citations, foreign awards and occupation credit that units received during World War II. The 3rd Cavalry Reconnaissance Squadron is listed as given occupation credit in Germany.
DISCUSSION AND CONCLUSIONS:
1. General Orders awarded the applicant the Purple Heart which is not shown on his discharge document. Therefore, he is entitled to have his record corrected to show this award.
2. Records show that the applicant completed a qualifying period of service for award of the World War II Victory Medal. Therefore, he is entitled to have his records corrected to show this award.
3. Department of the Army Pamphlet 672-1 lists unit citations, foreign awards and occupation credit that units received during World War II. The applicant's unit is listed as receiving occupation credit. Therefore, he is entitled to award of the Army of Occupation Medal (AOM) with Germany Clasp.
BOARD VOTE:
__xxx___ __xxx___ __xxx___ 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. adding the already-awarded Purple Heart to the applicant's WD AGO
53-55;
b. awarding the World War II Victory Medal and correcting his record to show this award; and
c. awarding the AOM with Germany Clasp and correcting his record to show this award.
XXX
_______ _ _______ ___
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.
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