IN THE CASE OF:	  

		BOARD DATE:	        09 OCTOBER 2008

		DOCKET NUMBER:  AR20080011680 


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 award of the Purple Heart.

2.  The applicant states that he was wounded in action on 4 March 1945 in the European Theater, but the Purple Heart is not shown on his records.

3.  The applicant provides a copy of WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), dated 22 September 1945, in support of his application.

COUNSEL'S REQUEST, STATEMENT AND 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 remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he was inducted in the Army of the United States and entered active duty in Philadelphia, Pennsylvania, on 20 March 1943.  He was trained in military occupational specialty (MOS) 345 (Light Truck Driver). This form also shows that he was assigned to Company B, 39th Infantry, 9th Infantry Division. 

4.  The applicant's WD AGO Form 53-55 shows he served in the European-African-Middle Eastern (EAME) Theater of Operations during the period 19 April 1944 through 24 May 1945.

5.  The applicant's AGO Form 53-55 shows he completed 1 year, 4 months, and 13 days of continental service and 1 year, 1 month, and 20 days of foreign service.  He was honorably discharged on 22 September 1945 and was issued a Certificate of Disability for Discharge (CDD).

6.  Item 31 (Military Qualification and Date) of the applicant's WD AGO Form
53-55 shows he was awarded the Combat Infantryman Badge.

7.  Item 32 (Battles and Campaigns), of the applicant’s AGO Form 53-55, shows he participated in the Normandy, Northern France, Rhineland, and Ardennes campaigns during World War II (WWII).

8.  Item 33 (Decorations and Citations), of the applicant's AGO Form 53-55, shows the applicant was awarded the Bronze Star Medal and the European-African-Middle Eastern Campaign Medal.  Item 33 does not show award of the Purple Heart.

9.  Item 34 (Wounds Received in Action), of the applicant's WD AGO Form      53-55, contains the entry, "4 Mar 45 European Theater," indicating that the applicant was wounded in action in the European Theater of Operations on 4 March 1945.

10.  The applicant's information from the Hospital Admission Cards created by the Office of the Surgeon General shows that the applicant was wounded in the abdomen and loins on 4 March 1945, as a result of fragments and/or artillery shell.
11.  The Purple Heart was established by General George Washington at Newburgh, New York on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.

12.  Army Regulation 672-5-1 (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 been treated by military medical personnel, and the medical treatment must have been made a matter of official records.

13.  Review of the applicant's records show he is entitled to additional awards that are not listed on his WD AGO Form 53-55.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This 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 permanent assignment outside the continental United States but within the American Theater of Operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.
16.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that the 39th Infantry received occupation credit in Germany for the period 2 May 1945 through 31 October 1945.

17.  Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal, with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

18.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations.  It states, in pertinent part, that the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

19.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.  This medal is awarded to any service member who was permanently assigned in the theater, who was in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days, who was in active combat against the enemy and was awarded a combat decoration, or who was furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat.  The regulation also 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 states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant sustained shrapnel wound to his abdomen and loins on 5 March 1945 during his service in WWII.  His injury was documented by the office of the Surgeon General from his hospital admission cards.  Therefore, there is sufficient information to award the applicant the Purple Heart and correct his records to show this award.

2.   The applicant's WD AGO Form 53-55 shows he was assigned to the 39th Infantry, 9th Infantry Division.  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 with Germany Clasp.

3.  The applicant's records show he served during the period 20 March 1943 through 22 September 1945, which is a qualifying period for award of the World War II Victory Medal.  Therefore, he is entitled award of the World War II Victory Medal and correction of his military records to show this award.

4.  The applicant's records show he was awarded the European-African-Middle Eastern Campaign Medal.  Furthermore, his records show he participated in four campaigns during his service within the boundaries of the EAME Theater.  Therefore, he is entitled to awards of four bronze service stars to be affixed to his European-African-Middle Eastern Campaign Medal.

5.  The evidence of record shows that the applicant completed or served within the continental United States for a period of 1 year, 4 months, and 13 days; therefore, he served a qualifying period for and is entitled to award of the American Campaign Medal and correction of his records to show this award.

6.  The evidence of record confirms that the applicant served honorably during the period 20 March 1943 to 22 September 1945.  He completed over 30 months of active service, nearly 14 months of which was foreign service, and was awarded the Bronze Star Medal and the Combat Infantryman Badge.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant his first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of her records to show this award.

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.  awarding the applicant the Purple Heart for wounds received in action on 4 March 1945; 

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 20 March 1943 to 22 September 1945; and 

	c.  showing award of the Purple Heart, the Good Conduct Medal (1st Award), the World War II Victory Medal, the Army of Occupation Medal with German Clasp, the American Campaign Medal, and four bronze service stars to be affixed to his already awarded European-African-Middle Eastern Campaign Medal.  




      ___        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)                                         AR20080011680



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ABCMR Record of Proceedings (cont)                                         AR20080011680



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