IN THE CASE OF:	

		BOARD DATE:	       19 AUGUST 2008

		DOCKET NUMBER:  AR20080010337 


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 he be awarded the Purple Heart and that his award of the Bronze Star Medal (BSM) be added to his records. 
 
2.  The applicant states, in effect, that he was wounded on 30 January 1944 shortly after he was captured by the Germans at Cisteria, Italy and was being marched to a farm house where the rest of the Rangers were.  He goes on to state that he sustained shrapnel wounds to his right knee and was treated by a lieutenant who was later killed in Korea.  He also states that he was a prisoner of war (POW) and that no record of his treatment was made. 

3.  The applicant provides a copy of his report of separation (WD AGO Form    53-55) and page 6) from his Department of Veterans Affairs (VA) Rating Decision dated 27 September 2001 indicating that he was granted service-connection for a shrapnel wound to the right knee.  

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 was born on 4 May 1922 and was inducted in Chicago, Illinois on 20 November 1942.  He entered active duty on 3 December 1942.    

3.  He completed his training as a rifleman and was transferred to North Africa on 27 October 1943.  He was assigned to Company C, 1st Ranger Battalion.  

4.  On 30 January 1944, he was captured by German forces and remained a POW until he was repatriated on 10 May 1945.  He was subsequently awarded the Combat Infantryman Badge (CIB) effective 30 January 1944.   

5.  He was returned to the Continental United States on 12 June 1945 and on 1 December 1945, he was honorably discharged at Fort Meade, Maryland.  His WD AGO Form 53-55 issued at the time of his discharge shows that he was awarded the CIB, the Good Conduct Medal, the American Theater Service Ribbon, the European-African-Middle Eastern Theater Service Ribbon, the Distinguished Unit Badge, and the World War II Victory Medal.  In block 24, under “Wounds Received in Action,” is the entry “NONE.”  The WD AGO Form 53-55 was authenticated by the applicant’s signature and right thumb print.

6.  The applicant was awarded the Bronze Star Medal (BSM) on 17 May 1948 for meritorious achievement in ground operations against the enemy.  There is no evidence to show that the award of the BSM was ever added to his report of separation.

7.  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.

8.  Section 521a of the National Defense Authorization Act of 1996, authorized award of the Purple Heart to any former prisoner of war who was wounded before 25 April 1962 while held as a prisoner of war or while being taken captive, in the same manner as a former prisoner of war who was wounded on or after that date.  Section 521b specifically stated that award of the Purple Heart for prisoners of war under Section 521a shall be made in accordance with the standards in effect on the date of the enactment of this Act to persons wounded on or after 25 April 1962.

9.  Army Regulation 600-8-22 (Military Awards) 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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Prisoner of War Medal.  The regulation states that the Prisoner of War Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

11.  Army Regulation 635-5 (Separations Document) establishes the standardized policy for preparing and distributing discharge documents.  In pertinent part, it directs that, in the case of prisoners of war, the unit of assignment, country and dates of capture and release will be entered in the “Remarks” section of the discharge document.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he was wounded shortly after being captured during combat in WWII is not in doubt, there is insufficient evidence to establish exactly what happened in his case. 
 
2.  Although the applicant has provided one page from his VA Rating Decision that indicates he has been granted service connection for shrapnel wounds to the right knee, that in itself is not sufficient to meet the threshold of evidence required to award the Purple Heart.
 
3.  While the burden of providing sufficient evidence to establish error or injustice rests solely with the applicant, it is further complicated by the loss of his records in the fire of 1973, the lack of a repatriation report, the lack of a final separation physical and the passage of time (approximately 63 years).  Unfortunately, the evidence he provides does not satisfy the regulatory requirements for award of the Purple Heart at this time.  

4.  However, there is sufficient evidence to show that the applicant was awarded the CIB during his service in World War II (WWII) and was subsequently awarded the Bronze Star Medal for meritorious service during WWII based on his award of the CIB.  Accordingly, it would be in the interest of justice to add his award of the Bronze Star Medal to his records at this time. 

5.  Additionally, the evidence of record shows that the applicant was a POW from 30 January 1944 to 9 May 1945 and therefore is entitled to be awarded the POW Medal and to have his records corrected accordingly. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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 adding his award of the Bronze Star Medal to his records and by awarding him the POW Medal and correcting his records to show that he was a POW from 30 January 1944 to 9 May 1945. 

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 award of the Purple Heart.

3.  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 the United States during World War II.  The applicant and all Americans should be justifiably proud of his service in arms.
  



      ___        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.


ABCMR Record of Proceedings (cont)                                         AR20080010337





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ABCMR Record of Proceedings (cont)                                         AR20080010337



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