IN THE CASE OF:	  

		BOARD DATE:	  	  26 March 2009

		DOCKET NUMBER:  AR20090000400 


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 the Purple Heart and Bronze Star Medal.

2.  The applicant states, in effect, he sustained a war injury and never received the Purple Heart.

3.  The applicant provides copies of three WD AGO Forms 53-55 (Enlisted Record and Report of Separation Honorable Discharge) with effective dates of 20  November 1945, 19 December 1946, and 11 February 1948; Crown Consulting Engineers, Inc., Chagrin North I Office Park, Willoughby Hills, Ohio, letter, dated 14 November 2008, subject:  Bronze Star and Purple Heart Medal for Second Lieutenant Al D____; and a newspaper article, Bronze Star awaits some WWII [World War II] veterans, undated.

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 service 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 applicant'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 applicant’s WD AGO Form 53-55 with an effective date of 20 November 
1945 shows he was inducted into the Army of the United States (AUS) on 31 July 1943, entered into active service on 21 August 1943, and served in the Infantry branch of the AUS.  Item 6 (Organization) shows he was assigned to Company A, 23rd Infantry Regiment and item 30 (Military Occupational Specialty (MOS) and Number) shows he was awarded MOS 821 (Supply Noncommissioned Officer).  Item 31 (Military Qualification and Date) shows the applicant was awarded the Expert Marksmanship Qualification Badge with Browning Automatic Rifle and M-3 Submachinegun Bars and Sharpshooter Marksmanship Qualification Badge with Carbine and M-1 Rifle Bars.  Item 32 (Battles and Campaigns) shows he participated in the Rhineland and Central Europe campaigns and item 33 (Decorations and Citations) shows he was awarded the Good Conduct Medal and Combat Infantryman Badge.  Item 34 (Wounds Received in Action) contains the entry "None."  Item 36 (Service Outside Continental U.S. and Return) shows the applicant departed the U.S. on 25 November 1944 and arrived in the European theater of operations (ETO) on 8 December 1944.  The applicant was honorably discharged on 20 November 
1945 at Hofgastein, Austria, in the temporary grade of staff sergeant for the convenience of the government to enlist in the Regular Army (RA).  At the time, the applicant had completed 1 year, 3 months, and 24 days of continental service; 11 months and 26 days of foreign service; and 2 years, 3 months, and 20 days of longevity for pay purposes.

4.  The applicant’s WD AGO Form 53-55 with an effective date of 19 December 1946 shows he enlisted and entered into active service in the RA on 21 November 1945.  Item 6 shows he was assigned to Headquarters Troop, 10th Constabulary Squadron, and item 30 shows he held MOS 821.  Item 31 and item 32 are absent any entries.  Item 33 shows he was awarded the World War II Victory Medal and Army of Occupation [Ribbon] Medal.  Item 34 is absent an entry.  Item 36 shows the applicant departed the ETO on 25 December 1945, arrived in the U.S. on 1 January 1946, departed the U.S. on 19 May 1946, and arrived in the ETO on 29 May 1946.  The applicant was honorably discharged on 19 December 1946 at Seckenheim, Germany, in the grade of technical sergeant for the convenience of the government to accept temporary assignment as a second lieutenant in the AUS.  At the time, the applicant had completed 4 months and 18 days of continental service; 8 months and 11 days of foreign service; and 3 years, 4 months, and 19 days of longevity for pay purposes.

5.  The applicant’s WD AGO Form 53-55 with an effective date of 11 February 
1948 shows he entered active duty in the AUS on 20 December 1946 and served in the Infantry branch of the AUS.  Item 6 shows he was assigned to D Battery, 5th Field Artillery Battalion, and item 27 (MOS and Number) shows he was awarded MOS 1193 (Field Artillery Unit Commander).  Item 28 (Battles and Campaigns) contains the entry "None" and item 29 (Decorations and Citations) shows he was awarded the European-African-Middle Eastern Campaign Medal, Army of Occupation Medal, American Defense Service Medal, and World War II Victory Medal.  Item 30 (Wounds Received in Action) contains the entry "None."  Item 32 (Service Outside Continental U.S. and Return), in pertinent part, shows the applicant departed the ETO on 27 January 1948 and he arrived in the U.S. on 9 February 1948.  Item 43 (Remarks), in pertinent part, shows the applicant was awarded the Combat Infantryman Badge and Army Lapel Button.  The applicant was honorably discharged on 11 February 1948 at Camp Kilmer, New Jersey, in the grade of second lieutenant.  At the time, the applicant had completed 2 days of continental service and 1 year, 1 month, and 20 days of foreign service.

6.  There are no orders or other evidence in the applicant’s military service records that shows he was awarded the Purple Heart.  There is no evidence in the applicant’s records that shows he was wounded or treated for wounds as a result of hostile action.

7.  There are no orders or other evidence in the applicant’s military service records that show he was awarded the Bronze Star Medal.

8.  In support of his application, the applicant provides the following documents.

	a.  Crown Consulting Engineers, Inc., Chagrin North I Office Park, Willoughby Hills, Ohio, letter, dated 14 November 2008, subject:  Bronze Star and Purple Heart medal for Second Lieutenant Al D____, submitted by the applicant’s son.  In his letter, Mr. Michael A. D____ provides a summary of the applicant’s military service and lists his awards and decorations.  Mr. D____ also recounts an incident he was told about by his father when the applicant’s unit was in Alsace-

Lorraine and shelled by the Germans, and the applicant was struck in the shin by a piece of shrapnel from a German bomb.  He also states that the applicant treated and dressed the wound himself and did not pursue a claim to the Purple Heart; however, his father still has a scar on his shin about the size of a quarter.

	b.  A newspaper article, Bronze Star awaits some WWII [World War II] veterans, undated, that shows, in pertinent part, an Army official announced that the Bronze Star Medal is authorized for award to any Soldier who was cited for heroism or meritorious service, received a certificate for "exemplary conduct in ground combat," and received the Combat Infantryman Badge or Combat Medical Badge between 7 December 1941 and 2 September 1945.

9.  A review of the applicant’s available records reveals he may be authorized additional accouterments that are not shown on his WD AGO Forms 53-55.

10.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star based on qualifying service for each campaign listed in appendix B of the regulation or listed in item 32 (Battles and Campaigns) of the WD AGO 
Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the European-African-Middle Eastern Campaign Medal.

11.  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.  Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, a "wound" is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  In order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

12.  Army Regulation 600-8-22 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 also 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, his records should be corrected to show award of the Purple Heart because he was injured during World War II when he sustained a shrapnel wound to his shin.  He also contends he should be awarded the Bronze Star Medal based on his award of the Combat Infantryman Badge.

2.  The Army regulatory guidance governing the criteria for award of the Purple Heart is clear in that the wound for which the award is made must have been sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy, the wound must have required treatment by medical personnel, and record of the medical treatment for the wound or injury sustained in action must have been made a matter of official record.

3.  There is no official Army record that shows the applicant was wounded in action.  There is no record that such wound or injury required medical treatment (e.g., in the applicant's case, subsequent treatment) by Army medical personnel and that this treatment was made a matter of official record.  In addition, the applicant stated that he treated himself.  The sincerity and authenticity of the applicant’s son’s comments are not in question.  However, based on the available evidence, there is insufficient evidence upon which to base award of the Purple Heart in this case.

4.  The evidence of record shows that the applicant was awarded the Combat Infantryman Badge for exemplary conduct in action against the enemy during World War II.  The evidence of record also shows that an award of the Combat Infantryman Badge is considered to be a citation in orders for award of the Bronze Star Medal.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized the Combat Infantryman Badge for service during World War II.  Therefore, it would be appropriate to correct the applicant’s records to show award of the Bronze Star Medal.

5.  The evidence of record shows the applicant qualified for award of the European-African-Middle Eastern Campaign Medal and he participated in two campaigns.  Therefore, the applicant’s records should be corrected to show the European-African-Middle Eastern Campaign Medal with 2 bronze service stars.


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 for meritorious achievement for exemplary conduct in ground combat in the ETO;

	b.  correcting the applicant’s WD AGO Form 53-55 with an effective date of 20 November 1945 by adding to item 33 the Bronze Star Medal and European-African-Middle Eastern Campaign Medal with 2 bronze service stars;

	c.  correcting the applicant’s WD AGO Form 53-55 with an effective date of 19 December 1946 by:

		(1)  adding to item 31 the Combat Infantryman Badge; and

		(2)  adding to item 33 the Bronze Star Medal, Good Conduct Medal, and European-African-Middle Eastern Campaign Medal with 2 bronze service stars; and

	d.  correcting the applicant’s WD AGO Form 53-55 with an effective date of 11 February 1948 by:

		(1)  deleting from item 29 the European-African-Middle Eastern Campaign Medal; and

		(2)  adding to item 29 the Bronze Star Medal, Good Conduct Medal, and European-African-Middle Eastern Campaign Medal with 2 bronze service stars.

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 Purple Heart.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his 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)                                         AR20090000400



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ABCMR Record of Proceedings (cont)                                         AR20090000400



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