IN THE CASE OF:	  

		BOARD DATE:	       17 MARCH 2009

		DOCKET NUMBER:  AR20080018304 


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, as the son of a deceased former service member (FSM), requests that his late father’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show award of the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Purple Heart, the European-African-Middle Eastern Campaign Medal with three bronze service stars, and the Army of Occupation Medal with Germany Clasp.  He also requests the issuance of the Army of Occupation Medal with Germany Clasp.

2.  The applicant states, in effect, that the FSM’s WD AGO Form 53-55 should be updated to reflect the awards and decorations shown on the letter, dated 
4 August 2008, from the National Personnel Records Center, St. Louis, Missouri. He also points out that the Army of Occupation Medal with Germany Clasp has not yet been awarded. 

3.  The applicant provides the FSM’s death certificate; his birth certificate; the FSM’s WD AGO Form 53-55; a letter, dated 4 August 2008, from the National Personnel Records Center, St. Louis, Missouri; and the FSM’s WD AGO Form 100 (Separation Qualification Record) in support of his 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 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 was inducted into the Army of the United States on 13 May 1944.  He served in the European theater of operations from 9 November 1944 through 
3 March 1946 and was honorably discharged on 19 March 1946.

4.  Item 6 (Organization) on the FSM’s WD AGO Form 53-55 shows he was assigned to the 16th Infantry Regiment.  His WD AGO Form 53-55 shows he participated in three battles and campaigns (Ardennes, Rhineland, and Central Europe).  His WD AGO Form 53-55 shows the World War II Victory Medal, the European-African-Middle Eastern Campaign Medal, and the Good Conduct Medal as authorized awards.  Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows he was wounded on 22 April 1945 in Germany.  His WD AGO Form 53-55 also shows that he was awarded the Combat Infantryman Badge.

5.  There are no orders for the Purple Heart in the available records.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), shows, among other information, unit awards and citations authorized for units which served during World War II.  This document shows the FSM’s unit received occupation credit for Germany for the period 
2 May 1945 to 4 June 1945 and 5 July 1945 to 31 October 1945.

7.  Army Regulation 600-8-22 (Military Awards) 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.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

8.  Army Regulation 600-8-22 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.

9.  Army Regulation 600-8-22 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.  

10.  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.  

DISCUSSION AND CONCLUSIONS:

1.  Based on award of the Combat Infantryman Badge, the FSM is eligible for award of the Bronze Star Medal.  

2.  The entry in item 34 on the FSM’s WD AGO Form 53-55 which shows he was wounded in action on 22 April 1945 in Germany is accepted as sufficient evidence on which to amend item 33 (Decorations and Citations) on his WD AGO Form 53-55 to show award of the Purple Heart.  

3.  The FSM participated in three battles and campaigns during World War II which makes him eligible for the European-African-Middle Eastern Campaign Medal with three bronze service stars.

4.  The FSM’s unit received occupation credit for Germany which entitles him to award of the Army of Occupation Medal with Germany Clasp.    


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 by amending his WD AGO Form 53-55 to show the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Purple Heart, the Army of Occupation Medal with Germany Clasp, and three bronze service stars to be affixed to the already-awarded European-African-Middle Eastern Campaign Medal.




      _______ _   _______   ___
               CHAIRXXXPERSON
      
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)                                         AR20080018304





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ABCMR Record of Proceedings (cont)                                         AR20080018304



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