IN THE CASE OF:	  

		BOARD DATE:	  21 April 2009

		DOCKET NUMBER:  AR20080019134 


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, award of a second Purple Heart and all medals he may be entitled to including, if possible, the Presidential Unit Citation for his service during the war in the Ardennes, the Battle of the Bulge, and in Central Europe, and their addition to his WD AGO Form 53-55 (Enlisted Record and Report of Separation).

2.  The applicant also requests, in effect, consideration for award of the Purple Heart for trench foot and a copy of a training film when he demonstrated weapons for President Franklin Roosevelt in October/November 1943.

3.  In an attached letter, the applicant states that he served in the Army from July 1943 to 23 January 1946.  He was injured on 18 March 1945 by a sniper bullet and by a fragment from a grenade burst.  He also states, in effect, that he is requesting a second Purple Heart for an injury to his left hand from fragments from a grenade burst and consideration for award of the Purple Heart for trench foot.  He went back to the hospital and then back to the States.  He came home and went to medical school, but he always wondered why he had not been given the earned recognition.

4.  The applicant further states that he served with the 1st Division, 18th Infantry Regiment, in three combat areas -- Rhineland, Ardennes, and Central Europe.  He continued to learn his job as a squad leader and hoped for a battlefield commission which was suggested by the company commander.  He was promoted to squad leader and to acting platoon leader under fire.

5.  The applicant also states that during basic training at Fort Benning, Georgia, he was selected to give a solo weapons demonstration for President Roosevelt and some congressmen.

6.  In support of his application, the applicant provides copies of his WD AGO 
Form 53-55 and Honorable Discharge Certificate.

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 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 applicant's records were lost or destroyed in that fire.  However, the applicant provided a WD AGO Form 53-55 for the Board to conduct a fair and impartial review of this case.

3.  The applicant’s available military record shows he was inducted into the Army of the United States on 7 October 1943 and entered active duty on 29 October 1943.  He completed training, and his WD AGO 53-55 shows he was assigned military occupational specialty 745 (rifleman), squad leader at the time he separated.  It also shows he was assigned to Company F, 18th Infantry Regiment, 1st Infantry Division.

4.  The applicant was honorably separated from active duty, in the rank of private first class, on 23 January 1946 for the convenience of the government at demobilization.

5.  The applicant's WD AGO Form 53-55, item 31 (Military Qualification and Date), lists the following awards:  the Combat Infantryman Badge and the Expert Marksmanship Qualification Badge with Rifle Bar (M1).  Item 32 (Battles and Campaigns) shows that he was given credit for participating in the Rhineland, Ardennes, and Central Europe campaigns of World War II.
6.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 lists the following awards:  the American Theater of Operations Service Ribbon, the European-African-Middle-Eastern Service Ribbon, the Good Conduct Medal, the World War II Victory Medal, the Purple Heart, and the Meritorious Unit Award. A second award of the Purple Heart is not shown.

7.  Item 34 (Wounds Received in Action), of the applicant's WD AGO Form 53-55 shows the entry, "Germany, 18 March 1945" to indicate he was wounded in action while he served during World War II.  Item 34 does not list any other wounds or dates during his service.  Item 36 (Service Outside Continental U.S. and Return) shows he served in the European-African-Middle-Eastern theater of operations from 24 September 1944 to 25 May 1945 and he was credited with 8 months and 20 days of overseas service.  Item 38 (Highest Grade Held) shows PFC [private first class].

8.  Item 55 (Remarks) of the applicant's WD AGO Form 53-55 lists the Honorable Service Lapel Button.  The applicant placed his signature in item 56 (Signature of Person Being Separated) to indicate that the information recorded on the form was correct/complete to the best of his knowledge.

9.  There is no evidence in the available records that show he was wounded or treated for wounds as a result of hostile action on a date other than 18 March 1945.

10.  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 military personnel, and the medical treatment must have been made a matter of official record.  A Purple Heart is authorized for the first wound suffered under the above conditions, but for each subsequent award an oak leaf cluster will be awarded.

11.  Army Regulation 600-8-22 also provides that trench foot injuries do not qualify for award of the Purple Heart.

12.  Army Regulation 600-8-22 further 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.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows the applicant's unit, Company F, 18th Infantry Regiment, 1st Infantry Division, was cited for award of the Presidential Unit Citation, formerly known as the Distinguished Unit Citation, by War Department General Orders 29, dated 1946.

14.  Department of the Army Pamphlet 672-1 also shows that the applicant's unit was awarded the Belgian Fourragere for the period 28 to 30 December 1944 by War Department General Orders 43, dated 1950.  The applicant's unit was further awarded credit for the occupation of Germany for the period 5 July through 31 October 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service records provide no evidence he ever sustained or was treated for wounds received as a result of hostile action on more than one occasion or that he was eligible for award of a second Purple Heart.  The criteria for award of the Purple Heart specified in the applicable regulation must be met in order that an award of a second Purple Heart can be made.  Based on the foregoing, he is not entitled to award of a second Purple Heart.

2.  In accordance with regulatory guidance, the applicant is also not entitled to a second award of the Purple Heart for the condition of trench foot.

3.  The applicant's request for a copy of a training film cannot be acted upon by the ABCMR.  The Board is not the custodian of Army films and does not maintain a library of any films.

4.  The available evidence confirms that the applicant was awarded the Combat Infantryman Badge.  The applicant is eligible for award of the Bronze Star Medal based on award of the Combat Infantryman Badge for his service during World War II.  Therefore, it would be appropriate to correct his records to show award of the Bronze Star Medal.

5.  General orders confirm the applicant is entitled to wear the Presidential Unit Citation and the Belgian Fourragere and to award of the Army Occupation Medal with Germany Clasp and to have these awards added to his WD AGO Form 53-55.

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.
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:

	a.  awarding the applicant the Bronze Star Medal based on award of the Combat Infantryman Badge, the Presidential Unit Citation, the Belgian Fourragere, and the Army of Occupation Medal with Germany Clasp; and

	b.  adding the Bronze Star Medal, the Presidential Unit Citation, the Belgian Fourragere, and the Army of Occupation Medal with Germany Clasp to his WD AGO Form 53-55 and providing him a corrected separation document that shows these awards.
   
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 award of a second Purple Heart and providing the applicant a copy of a training film in which he contends he demonstrated skills in weapons for the President and congressmen.



      ___________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)                                         AR20080019134



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ABCMR Record of Proceedings (cont)                                         AR20080019134



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