IN THE CASE OF:	

		BOARD DATE:	  4 December 2008

		DOCKET NUMBER:  AR20080014197 


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 and two bronze service stars for his deceased father, a former service member (FSM).

2.  The applicant states he does not believe his father ever received these awards and is now trying to fix this oversight.  He further states it is only right that a wounded serviceman be recognized for his service and sacrifices.

3.  The applicant provides, in support of his application, copies of two forms from the National Archives and Records Administration (NARA), the FSM's WD AGO Form 100 (Separation Qualification Record), WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) with a date of separation of 7 November 1945, the FSM's Honorable Discharge Certificate, a letter from the Veterans Administration (now known as the Department of Veterans Affairs [VA]), a certificate of death for the FSM, and his birth certificate showing he is the next of kin of the FSM.

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 personnel records were lost or destroyed in a fire at the National Personnel Records Center in 1973.  The records available to the Army Board for Correction of Military Records were provided in part by the applicant and also obtained from alternate sources and are sufficient for the Board to conduct a fair and impartial review of this case.  The primary record available to this Board is the applicant’s WD AGO Form 53-55.

3.  The FSM's available records show he was inducted on 3 September 1942 and entered active service on 17 September 1942.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty (MOS) 604 (Light Machine Gunner).

4.  The FSM arrived in the European Theater of Operations (ETO) on 
21 January 1945 and he returned to the continental U.S. on 14 July 1945.

5.  The FSM's WD AGO 100 does not show that he was wounded in action or that he was awarded the Purple Heart.

6.  On 7 November 1945, the FSM was discharged with a certificate of disability for discharge.

7.  Item 32 (Battle and Campaigns) of the FSM's WD AGO 53-55 shows he participated in the Rhineland and Central Europe Campaigns.

8.  Item 33 (Decorations and Citations) of the FSM's WD AGO 53-55 shows the FSM was authorized the European-African-Middle Eastern Campaign Medal with 2 bronze service stars.

9.  Item 34 (Wounds Received in Action) of the FSM’s WD AGO 53-55 contains the entry “None.”

10.  The NA Form 13075 (Questionnaire About Military Service) and the 
NA Form 13055 (Request for Information Needed to Reconstruct Medical Data) were completed by the applicant on 25 January 2008 and do not provide official documentation that the FSM was wounded in action.

11.  The letter from the VA, dated 19 December 1945, awarded the FSM a pension based on a gunshot wound resulting in the fracture of his toe on his left foot.  However, this letter only determines that the disability was incurred or aggravated during the FSM's war service.  The VA did not make a determination that the gunshot wound was received as a result of enemy action.

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

13.  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.  The regulations state that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the European-African-Middle Eastern Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The entry "NONE" in Item 34 FSM's WD AGO Form 53-55 indicates that he was not wounded in action.  Due to the fire in 1973, there are no other records to show the FSM received any wounds in action.  The VA does make a determination as to whether a disability is a result of enemy action.

2.  In the absence of military records which show that the FSM was wounded or treated for wounds resulting from hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.

3.  The applicant stated his father never received his two bronze service stars.  

4.  Item 32 of the FSM's WD AGO Form 53-55 shows the FSM participated in two campaigns in the ETO and Item 33 shows he is authorized the European-African-Middle Eastern Campaign Medal with two bronze service stars.  Therefore, there is no correction to be made.

5.  The Board does not issue or replace awards received by Soldiers during their period of service.  To replace lost or missing awards listed on a Soldier's discharge documents, in this case the WD AGO 53-55, the applicant should contact the National Personnel Records Center, Medals Section (NRPMA-M)
9700 Page Avenue, St. Louis, MO 63132-5100



6.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant's father in service to our Nation.  The applicant and all Americans should be justifiably proud of his father's service in arms.  





      _______ _ 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)                                         AR20080014197





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ABCMR Record of Proceedings (cont)                                         AR20080014197



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