IN THE CASE OF:	  

		BOARD DATE:	        06 JANUARY 2009

		DOCKET NUMBER:  AR20080013920 


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, in effect, that he be awarded the Purple Heart. 

2.  The applicant essentially states that he received a citation which shows that he was wounded in the leg by shrapnel on 18 April 1945.

3.  The applicant provides two citations, dated 17 June 1945 and 21 November 1945, and a letter, dated 6 August 2008, from a veteran counselor from the State of New York Division of Veterans' Affairs 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 majority of the applicant’s military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the majority of the applicant's records were lost or destroyed in that fire.  This case is being primarily being considered using the evidence provided by the applicant.

3.  The available records show that the applicant was inducted into the Army of the United States on 15 July 1943, and entered active duty on 5 August 1943.  He served in military occupational specialty 761 (Reconnaissance Sergeant) in the Field Artillery.  He departed the continental United States on 6 January 1945 for the European Theater of Operations, and arrived on 18 January 1945.  He participated in the North Apennines and Po Valley campaigns with the 616th Field Artillery Battalion, 10th Mountain Division Artillery, 10th Mountain Division, and was awarded the Bronze Star Medal with First Oak Leaf Cluster.  He returned to the continental United States on 11 August 1945, and was honorably separated on 13 January 1946.  The WD AGO Form 0150-4 (Transcript from Enlisted Record) that was issued to the applicant in lieu of his destroyed
WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) shows that he was awarded the Bronze Star Medal with First Oak Leaf Cluster, the Good Conduct Medal, the World War II Victory Medal, the European-African-Middle Eastern Campaign Medal with Two Bronze Service Stars, and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar. 

4.  Item 31 (Decorations and Citations) of the applicant's WD AGO Form 0150-4 does not show that he was awarded the Purple Heart.  Item 32 (Wounds Received in Action) of this document has an entry of "None."  However, the applicant did not authenticate this document with his signature.  This document does essentially show that he was awarded the Bronze Star Medal by Headquarters, 10th Mountain Division General Orders Number 110, dated 1945, and the Bronze Star Medal with First Oak Leaf Cluster by Headquarters, 10th Mountain Division General Orders Number 173, dated 1945.  The applicant provided two citations, dated 17 June 1945 and 21 November 1945, which the applicant confirmed in a 3 December 2008 telephone conversation with the analyst for these proceedings were the citations for his two Bronze Star Medals.  The 17 June 1945 citation shows, in pertinent part, that he was wounded in the leg by shrapnel, but continued on with his party and, by his determination and bravery, made it possible for the forward observer to place fire on the enemy-held objective, which greatly assisted the early completion of the mission.  It should be noted that Major General Hays, who is referenced in the authority line on both of the citations provided by the applicant, was in fact the Commanding General, 10th Mountain Division from November 1944 to November 1945.

5.  During a review of the applicant’s records, it was determined that he is entitled to an additional award that is not shown on his WD AGO Form 0150-4.
6.  The applicant served in the continental United States from 15 July 1943 to 
5 January 1945, and again from 11 August 1945 to 13 January 1946.  However, his WD AGO Form 0150-4 does not show that he was awarded the American Campaign Medal.

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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

8.  Army Regulation 600-8-22 also provides, in pertinent part, that 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 permanent assignment outside the continental United States but within the American Theater of Operations, 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 1 year.

DISCUSSION AND CONCLUSIONS:

1.  Although there is no evidence that the FSM was treated by a medical officer or that any medical treatment was made a matter of official record, the applicant provided a citation, which he stated was issued with one of his awards of the Bronze Star Medal, which shows that he was wounded in the leg by shrapnel on 18 April 1945.  This citation, the authenticity of which is not questioned, also shows that after being wounded the applicant continued on with his party and greatly assisted the early completion of their mission through his determination and bravery, and explains the absence of an official record of medical treatment or any other official record of him being wounded in action.  In view of the foregoing, it would be appropriate at this time to award him the Purple Heart and to correct his military records to show the award of the Purple Heart.

2.  The applicant served in the continental United States for more than 
1 aggregate year during a qualifying period for award of the American Campaign Medal.  Therefore, he is entitled to award of the American Campaign Medal and correction of his military records to show the award of the American Campaign Medal.

BOARD VOTE:

___X_____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  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 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 Purple Heart for wounds received in action against the enemy in Italy on 18 April 1945 while serving as a technician fifth grade; and

	b.  adding the Purple Heart and the American Campaign Medal to his
WD AGO Form 0150-4 by issuing to him a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty).

2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during World War II.  The applicant and all Americans should be justifiably proud of his honorable 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)                                         AR20080013920



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ABCMR Record of Proceedings (cont)                                         AR20080013920



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