IN THE CASE OF:	  

		BOARD DATE:	        30 DECEMBER 2008

		DOCKET NUMBER:  AR20080015209 


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 the records of her deceased husband, a former service member (FSM), be corrected to show his correct dates of service and, in effect, all awards and decorations. 

2.  The applicant states that the FSM served in the Army from 1939 to 1955 and was present at Omaha Beach during World War II (WWII).  He was awarded the Bronze Star Medal and the Purple Heart with Oak Leaf Cluster and also served in Korea.  She adds that the FSM’s service was exemplary and should be honored and remembered as such.  She concludes that as his widow, she is entitled to certain benefits.

3.  The applicant provides the following additional documentary evidence in support of her application:

	a.  WD AGO 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), dated 10 August 1945.

	b.  DD Forms 214 (Report of Separation from the Armed Forces of the United States), dated 20 May 1950, 2 November 1951, 24 November 1953, and 10 September 1955. 

	c.  Marriage License, dated (certified) on 9 April 1962 (date of marriage 
18 July 1942).

	d.  Certificate of Death, dated 29 March 1962.
	e.  Letter informing the applicant of the FSM’s promotion, dated 10 January 1949, 

	f.  State of Massachusetts Certificate of World War II service.

	g.  Honorable Discharge Certificates, dated 10 August 1945, 24 November 1953, and 10 September 1955.

	h.  State of Maryland Certificate of Appreciation. 

	i.  General Orders Number 2, dated 1 January 1952, issued by Headquarters, Eighth U.S. Army Korea, showing award of the Meritorious Unit Commendation.

	j.  General Orders Number 9, dated 6 December 1944, issued by Headquarters, 9th Infantry Division, showing award of the Bronze Star Medal.  

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 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 FSM'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 FSM's records show that he enlisted in the Regular Army and entered active duty on 17 July 1939.  He was trained in military occupational specialty (MOS) 821 (Supply Technician).  He subsequently had a series of reenlistments with occasional breaks in service and was honorably discharged on 10 September 1955.  He was issued several discharge and/or separation documents during his military service as follows:
	a.  WD AGO Form 53-55, dated 10 August 1945, shows: 

		(1)  he departed the continental United States on 29 January 1944 and arrived in the European Theater on 6 February 1944;  

		(2)  he completed 5 years, 11 months, and 23 days of creditable military service, 4 years, 5 months, and 18 days of which was continental service and 1 year, 6 months, and 5 months was foreign service;

		(3)  he was assigned to Company A, 746th Tank Battalion at the time of his separation;

		(4)  he was honorably separated in the rank of staff sergeant on 10 August 1945; 

		(5)  Item 32 (Battles and Campaigns) of this form shows he participated in the Northern France, Central Europe, Ardennes, Rhineland, and Normandy campaigns during his service in WWII; 

		(6)  Item 33 (Decorations and Citations) shows he was awarded the Purple Heart (General Orders Number 102, Headquarters, 9th Infantry Division, 1945), the American Defense Service Medal, the European-African-Middle Eastern Theater Campaign Ribbon, and the Bronze Star Medal (General Orders Number 105, Headquarters, 9th Infantry Division, 1944); and

		(7) Item 34 (Wounds Received in Action) of this form contains the entry "European Theater, 7 July 1944”.

	b.  DD Form 214, dated 26 May 1950, shows:

		(1)  he reenlisted in the Regular Army for a period of 3 years on 6 June 1947;

		(2)  at the time of his separation, he was assigned to the 1122d Army Supply Unit, Army Base, Boston, Massachusetts; 

		(3)  he completed 2 years, 11 months, and 21 days of creditable military service during this period, 10 months and 24 days of which was foreign service;

		(4)  he was honorably discharged in the rank of sergeant first class on 26 May 1950; 


		(5)  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Purple Heart, the American Defense Service Medal, the European-African-Middle Eastern Theater Campaign Ribbon, the Bronze Star Medal, the World War II Victory Medal, and the Presidential Testimonial; and

		(6)  Item 29 (Wounds Received As a Result of Action with Enemy Forces) shows the entry “1944, Germany.”

	c.  DD Form 214, dated 2 November 1951, shows:

		(1)  he reenlisted in the Regular Army at Fort Meade, Maryland, on 31 May 1950 in MOS 1821 (Unit Supply Sergeant) and was honorably separated in the rank of master sergeant on 2 November 1951;

		(2)  he completed 1 year, 5 months, and 2 days of creditable military service, 1 year, 2 months, and 16 days of which was foreign service; 

		(3)  Item 27 of this form shows he was awarded the Purple Heart, the American Defense Service Medal, the European-African-Middle Eastern Theater Campaign Ribbon, the Bronze Star Medal, the World War II Victory Medal, and the Korean Service Medal with four bronze service stars; and 

		(4)  Item 29 contains the entry “Arm Wound Germany, 1944."

	d.  DD Form 214, dated 24 November 1953, shows:

		(1)  he was commissioned in the Army of the United States as a warrant officer junior grade one (WOJG-1) on 27 October 1951 and entered active service as signal supply officer on 3 November 1951.  He was honorably discharged as a WOJG-1 on 24 November 1953;

		(2)  he completed 2 years and 22 days of creditable military service, 6 months and 5 days of which was foreign service; 

		(3)  Item 27 of this form shows he was awarded the National Defense Service Medal, the Korean Service Medal with four bronze service stars, two Overseas Service Bars, the Republic of Korea Presidential Citation, the Meritorious Unit Commendation, and the United Nations Service Medal; and 

		(4)  Item 29 contains the entry “None.”


	e.  DD Form 214, dated 10 September 1955, shows: 

		(1)  he reenlisted in the Regular Army for a period of 6 years at Fort Devens, Massachusetts, and was honorably discharged as a sergeant first class on 10 September 1955;

		(2)  he was assigned to Headquarters Battery, 35th Anti-Aircraft Artillery (AAA) Battalion at the time of his separation; 

		(3)  he completed 1 year, 9 months, and 26 days of creditable military service during this period, 

		(4)  he was honorably discharged on 10 September 1955.  He was credited with 14 years, 3 months, and 29 days of total creditable military service; 

		(5)  Item 27 of this form shows he was awarded the Good Conduct Medal and the National Defense Service Medal; and 

		(6)  Item 29 contains the entry “None.”

4.  The applicant submitted a copy of the general orders awarding the FSM the Bronze Star Medal while assigned to the 746th Tank Battalion for distinguishing himself by meritorious service in connection with military operations against the enemy during the period 17 September 1944 to 28 September 1944.  

5.  The applicant submitted a copy of general orders that show the 181st Signal Battalion was awarded the Meritorious Unit Commendation for exceptionally meritorious conduct in the performance of outstanding service in Korea in support of combat operations during the period 25 September 1950 to 25 March 1951.

6.  Army Regulation (AR) 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 a medical officer, and the medical treatment must have been made a matter of official records.  This regulation also provides that there is no time limitation on requests for award of the Purple Heart.  This regulation also states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.


7.  AR 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate. This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.

8.  The FSM’s records show that he is entitled to additional awards that are not listed on his WD AGO Form 53-55 and/or DD Forms 214.

9.  AR 600-8-22 (Military Awards), in pertinent part, authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945.  This 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.  The bronze service stars will be worn on the appropriate campaign to designate each campaign credit.  One silver service star will be worn in lieu of five bronze service stars.  

10.  AR 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, 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.

11.  AR 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, and escort on 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.  Paragraph 5-10 of this regulation also states, in pertinent part, that Soldiers who served in the European Theater during the occupation of Europe will wear the clasp inscribed "Germany."  

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the campaign participation credit for units serving in World War II.  This publication shows that Company A, 746th Tank Battalion, was awarded occupation campaign credit during the period 2 May 1945 to 15 September 1945. 

13.  AR 600-8-22 states that the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service prescribed must have been performed while on permanent assignment; while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

DISCUSSION AND CONCLUSIONS:

1.  With respect to the FSM’s periods of service, the evidence of record shows that the FSM completed several periods of service and that each period is properly documented on his separation documents.  Absent evidence to the contrary, there is no indication of error or injustice in each period of service.  Therefore, there is insufficient evidence to correct the FSM’s periods of service.

2.  With respect to a second award of Purple Heart, the evidence of record shows that the FSM was wounded in the European Theater on 7 July 1944, that he was issued general orders to show this award, and that the Purple Heart is properly reflected on his records.  However, there are no general orders that show the FSM was awarded a second award of the Purple Heart.  There is no evidence in his service personnel records which shows that he was wounded or injured a second time as a result of hostile action or treated for such wounds.  Regrettably, absent evidence which conclusively shows that the FSM sustained wounds or injuries as a result of hostile action, and that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is insufficient basis for awarding an Oak Leaf Cluster to the FSM’s Purple Heart in this case.

3.  The FSM’s WD AGO Form 53-55 shows he was assigned to Company A, 746th Tank Battalion.  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 for Germany.  Therefore, the FSM is entitled to award of the Army of Occupation Medal with Germany Clasp and correction of his records to show this award.

4.  The evidence of record shows the FSM was awarded the European-African-Middle Eastern Campaign Medal.  Additionally, his WD AGO Form 53-55 shows that he participated in five campaigns while serving in the European Theater.  Therefore, he is entitled to award of one silver service star to be affixed to the European-African-Middle Eastern Campaign Medal.

5.  The evidence of record shows that the FSM completed 5 years, 11 months, and 23 days of creditable military service during his first period of enlistment.  Of this service, 4 years, 5 months, and 18 days was continental service and 1 year, 6 months, and 5 months was foreign service.  Therefore, he served a qualifying period for award of the American Campaign Medal and correction of his records to show this award.

6.  The evidence of record shows that the FSM served a qualifying period of service in Korea for award of the Republic of Korea War Service Medal; therefore, he is entitled to correction of his records to show this award.  

7.  While it is clear that the FSM's service was exemplary and should be remembered as such, ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised to contact her local/regional Department of Veterans Affairs representative to inquire about benefits.  Those individuals can best advise an individual about certain programs or benefits.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  ___X_____  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: adding award of the Army of Occupation Medal with Germany Clasp, the American Campaign Medal, the Republic of Korea War Service Medal, and a silver service star to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal to his last DD Form 214.

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 the FSM’s periods of service and the Purple Heart (1st Oak Leaf Cluster).



      _______ _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)                                         AR20080015209



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080015209



8


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1