IN THE CASE OF:	   

		BOARD DATE:	       23 October 2008

		DOCKET NUMBER:  AR20080012335 


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 her father's records be updated to show he was awarded the Purple Heart.

2.  The applicant states, in effect, that the former service member (FSM) was awarded the Purple Heart for wounds received during combat while serving in Belgium on 22 January 1945.  The applicant adds that the FSM received the Purple Heart and has the medal in his possession, but he has misplaced the orders.

3.  The applicant provides a WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) as additional documentary evidence in support of this application.

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 FSM's military record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the FSM's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of the FSM's WD AGO Form 53-55 and GSA Form 6954 (Certification of Military Service) obtained from the National Personnel Records Center.

3.  The FSM's WD AGO Form 53-55 shows he was inducted in the Army of the United States and entered active duty on 17 April 1944.  His military occupational specialty (MOS) at the time of separation was Light Truck Driver (345).  The form also shows that he served in the European Theater of Operations (ETO) from
13 October 1944 to 3 August 1945.  The FSM held the rank of private first class on the date of his separation and that this was the highest rank he attained while serving on active duty.  He was assigned to the 48th Armored Infantry Battalion in the 7th Armored Division.  The FSM was honorably discharged on 12 February 1946, after completing a total of 1 year, 9 months, and 26 days of active military service.

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

5.  Item 32 (Battles and Campaigns) of the FSM's WD AGO Form 53-55 shows credit for participation in the following campaigns:  Ardennes, Rhineland, and Central Europe.

6.  Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55 shows the FSM was awarded the European-African-Middle Eastern Campaign Medal and the World War II Victory Medal.  This form does not show award of the Purple Heart.

7.  Item 34 (Wounds Received in Action) of the FSM's WD AGO Form 53-55 contains the entry "Belgium 22 Jan 45" [22 January 1945].

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 medical personnel, 
and the medical treatment must have been made a matter of official record.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

9.  A review of the FSM's military service records reveals that he may be entitled to additional awards that are not shown on his WD AGO Form 53-55.

10.  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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

11.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  This document shows that at the time of the FSM's assignment to the 48th Armored Infantry Battalion in the 7th Armored Division, the unit was cited for award of the Belgian Fourragere by Department of the Army General Order Number 43, dated 1950.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM is entitled to award of the Purple Heart due to wounds he received as the direct result of a hostile action was carefully considered and determined to have merit.

2.  The FSM's WD AGO Form 53-55 shows he sustained a wound as a result of hostile action while serving in Belgium on 22 January 1945.  This entry is sufficient to base award of the Purple Heart in this case.  Therefore, the FSM is entitled to award of the Purple Heart and correction of his records to show award of the Purple Heart for wounds sustained as the result of a hostile act on 22 January 1945 while he was serving in Belgium.


3.  By regulation, the Bronze Star Medal is authorized to members who received the Combat Infantryman Badge during World War II.  Evidence shows that the FSM was awarded and issued the Combat Infantryman Badge.  As a result, it would be appropriate to award the Bronze Star Medal to the FSM at this time.

4.  General Orders awarded the FSM's unit the Belgian Fourragerre.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

BOARD VOTE:

___X____  ___X____  ___X___  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 to show award of the Purple Heart for wounds sustained as the result of a hostile act on 22 January 1945 while he was serving in Belgium, Bronze Star Medal based on award of the Combat Infantryman Badge, and the Belgian Fourragere.



      __________X____________
               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)                                         AR20080012335



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080012335



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1