IN THE CASE OF:	

		BOARD DATE:	  6 November 2008

		DOCKET NUMBER:  AR20080010807 


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 the Army Good Conduct Medal and requests that the Combat Infantryman Badge be added to his WD AGO Form 53 (Report of Separation).

2.  The applicant states that he was wounded in combat, but it was not recorded and no Purple Heart was awarded.  He was presented with the Combat Infantryman Badge while he was at Camp Lee, VA.  His WD AGO Form            53 states he was favorably considered for the Army Good Conduct Medal.

3.  The applicant provides his Honorable Discharge Certificate; his WD AGO Form100 (Separation Qualification Record); his WD AGO Form 53; his Enlisted Record; a copy of a 29 September 1944 issue of a hospital newsletter; a copy of a 25 August 1944 issue of a hospital newsletter; Proceedings of a Board of Medical Officers, dated 2 November 1943; and three documents from the Veterans Administration.

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 in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents (consisting of the documents he provided for the Board) to conduct a fair and impartial review of this case.  

3.  The applicant was inducted into the Army on 11 March 1943 and entered active duty on 18 March 1943.  He arrived in the European-African-Middle Eastern Theater of Operations on 2 September 1943.

4.  The applicant's WD AGO Form 100 shows he served for seven months in military occupational specialty (MOS) 607 as a mortar gunner.

5.  The applicant provided Proceedings of a Board of Medical Officers.  This document shows that, on 12 October 1943, while a member of the 179th Infantry in the Salerno area, under combat conditions, the applicant developed combat fatigue.

6.  The applicant provided documents from the Veterans Administration that show he developed infectious dermatitis secondary to an injury to his left leg accidently incurred when he struck his leg on a rifle while in combat.

7.  The applicant departed the theater of operations on 4 February 1944 and arrived in the United States on 13 February 1944.  He was apparently reclassified as a medical technician.

8.  The applicant provided copies of two newsletters showing he was awarded the Combat Infantryman Badge while he was stationed at Camp Lee, VA, for his seven months of duty in North Africa and Italy.

9.  On 22 February 1945, the applicant was honorably discharged after completing 2 years, 11 months, and 10 days of creditable active service with        2 days of lost time.

10.  The applicant's WD AGO Form 53 shows he was credited with participation in one campaign and that he was awarded the European-African-Middle Eastern Campaign Medal.
11.  Item 57 (Remarks) of the applicant's WD AGO Form 53 shows he was favorably considered for the Army Good Conduct Medal.

12.  The Remarks section of the applicant's Enlisted Record shows he was favorably considered for the Army Good Conduct Medal.

13.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  When contemplating an award of the Purple Heart, the key issue commanders must take into consideration is the degree to which the enemy caused the injury.  The fact the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.

14.  Army Regulation 600-8-22 states the Combat Infantryman Badge is awarded to a Soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and who actively participates in such ground combat.  

15.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time, provided policy and criteria concerning the Army Good Conduct Medal.  It stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, completion of 1 year of continuous active Federal military service while the United States was at war.  The award would not be made to an enlisted man whose records, during the required period of service, disclosed a conviction by any court-martial, nor to one whose character or efficiency was rated below “excellent.”  The fact that an enlisted man was entitled to an Army Good Conduct Medal or clasp would be noted under "remarks" of the (Report of Separation and) discharge certificate.

16.  Army Regulation 600-8-22 states the American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and     2 March 1946.  Qualifying service for this campaign medal includes service within the continental United States for an aggregate period of one year.

17.  Army Regulation 600-8-22 states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

18.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, to include the European-African-Middle Eastern Campaign Medal.

19.  War Department Technical Manual 12-427 (Military Occupational Classification of Enlisted Personnel) listed MOS 607 (Light Mortar Crewman) in the Light and Heavy Weapons MOS functional grouping.  Other MOSs in this grouping included 745 (Rifleman), 746 (Automatic Rifleman), and 604 (Light Machine Gunner).

20.  Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties) described the major duties of MOS 11C (Indirect Fire Infantryman) as, "The indirect fire infantryman serves as a supervisor or as a member of a mortar squad, section, or platoon.  These infantrymen employ crew and individual weapons in offensive, defensive, and retrograde ground combat tactical operations." 

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested award of the Purple Heart and the Army Good Conduct Medal and requested that the Combat Infantryman Badge be added to his WD AGO Form 53.

2.  The applicant provided documents from the Veterans Administration that show he developed infectious dermatitis secondary to an injury to his left leg accidently incurred when he struck his leg on a rifle while in combat.  It is acknowledged that this document shows the applicant was injured while in combat; however, there is insufficient evidence to show that his injury was caused by the enemy to a sufficient degree as to warrant award of the Purple Heart.  Regrettably, therefore, these documents are insufficient evidence on which to base awarding him the Purple Heart.  

3.  The applicant's records are not available, and his WD AGO Form 53 shows he had two days of lost time.  However, lost time was not an automatic disqualifier for award of the Army Good Conduct Medal.  Further, the regulation in effect at the time stated that the fact that an enlisted man was entitled to an Army Good Conduct Medal or clasp would be noted under "remarks" of the (Report of Separation and) discharge certificate.  Since that statement is in fact noted on the applicant's Report of Separation, presumably his last commander 


found him to meet the eligibility criteria for award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal.

4.  Normally, the newsletter articles provided by the applicant would be insufficient evidence on which to correct his records to show he was awarded the Combat Infantryman Badge.  However, the available evidence shows he was assigned to an infantry unit and that he participated in ground combat as a mortar gunner (MOS 607).  

5.  War Department Technical Manual 12-427 listed MOS 607 in the Light and Heavy Weapons MOS functional grouping along with other MOSs, such as 745, 746, and 604, more familiarly recognized as infantry MOSs.  The duties of the later MOS of 11C (clearly identified as an infantry MOS; i.e., Indirect Fire Infantryman), were described as, "The indirect fire infantryman serves as a supervisor or as a member of a mortar squad, section, or platoon."   

6.  It appears to be clear that the applicant was an infantryman assigned to an infantry unit while he was in combat.  Any reasonable doubt should be resolved in his favor, and his WD AGO Form 53 should be amended to add the Combat Infantryman Badge.

7.  The applicant met the eligibility criteria for award of the World War II Victory Medal.  As he served in the continental United States for slightly more than one year after his return from overseas, he met the eligibility criteria for award of the American Campaign Medal.  He also met the eligibility criteria to wear one bronze service star on his European-African-Middle Eastern Campaign Medal.  These awards should be added to his WD AGO Form 53.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___XX_____  ___XX_____  __XX_____  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:

     a.  awarding him the first award of the Army Good Conduct Medal for the period 18 March 1943 through 22 February 1945; and

     b.  amending his WD AGO Form 53 to add the Army Good Conduct Medal, the Combat Infantryman Badge, the World War II Victory Medal, and the American Campaign Medal and to show he is eligible to wear one bronze service star on his already-awarded European-African-Middle Eastern Campaign Medal.
 
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 showing he was awarded the Purple Heart.



      _______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)                                         AR20080010807



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ABCMR Record of Proceedings (cont)                                         AR20080010807



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