IN THE CASE OF:
BOARD DATE: 3 September 2008
DOCKET NUMBER: AR20080010701
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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart.
2. The applicant states that he was wounded on 4 January 1945 during the Battle of the Bulge and awarded the Purple Heart.
3. The applicant provides a copy of his WD AGO Form 53-55 and a photograph of a Purple Heart medal.
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 applicants 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 applicants 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.
3. The applicant enlisted on 30 June 1942. He served in the African Theater of Operations and the European Theater of Operations from 24 May 1943 through 30 September 1945 and was honorably discharged on 16 October 1945.
4. Item 32 (Battles and Campaigns) on the applicants WD AGO Form 53-55 shows he participated in six battles and campaigns. His WD AGO Form 53-55 shows the Silver Star, the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal, and the Belgian Fourragerre as authorized awards. Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows the entry, European Theater 4 Jan 45. His WD AGO Form 53-55 also shows he received the Combat Infantryman Badge.
5. There are no orders for the Purple Heart in the available records.
6. 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.
7. 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.
8. 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.
9. Army Regulation 600-8-22 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 provides that a silver service star is authorized in lieu of five bronze service stars.
DISCUSSION AND CONCLUSIONS:
1. The entry in item 34 on the applicants WD AGO Form 53-55 which shows he was wounded in action on 4 January 1945 in the European Theater of Operations is accepted as sufficient evidence on which to amend item 33 (Decorations and Citations) on his WD AGO Form 53-55 to show award of the Purple Heart.
2. Based on award of the Combat Infantryman Badge, the applicant is eligible for award of the Bronze Star Medal.
3. The applicant served a period of qualifying service for award of the World War II Victory Medal.
4. The applicant participated in six battles and campaigns during World War II which makes him eligible for the European-African-Middle Eastern Campaign Medal with one silver service star and one bronze service star.
BOARD VOTE:
____xx__ ___xx___ ___xx___ 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 adding the Purple Heart, the Bronze Star Medal (based on award of the Combat
Infantryman Badge), the World War II Victory Medal, and one silver service star
and one bronze service star to his already-awarded European-African-Middle Eastern Campaign Medal to item 33 on his WD AGO Form 53-55.
_________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) AR20080010701
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