IN THE CASE OF:	  

		BOARD DATE:	        7 April 2009

		DOCKET NUMBER:  AR20090000618 


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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Service) to show award of the Purple Heart and that he was assigned to 276th Infantry Regiment instead of the 175th Infantry Regiment.

2.  The applicant states that he was wounded in the Hagenau Forest, France, while serving with the 7th Army during World War II (WWII) by an explosion that caused burns to his face and entire head.  He was subsequently treated for the burns and was wrapped with head bandages for 3 months.  He adds that he was awarded the Purple Heart while in the hospital but left it behind when he was sent back to the front line.  He also adds that along with the usual and common bullet grazing, he was also in a building that was hit by an explosion which put him out of action for 1 day.  The medics kept him in the aid station under observation for 1 day and then released him back to the fight.

3.  The applicant provides a copy of his WD AGO Form 53-55, dated 16 January 1946, in support of his request.

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 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 shows he was inducted into the Army of the United States on 8 August 1942 and entered active duty at Fort Bliss, TX, on 21 August 1944.  This form also shows that at the time of his separation, he held military occupational specialty 745 (Rifleman).  Additionally, item 6 (Organization) of this form shows he was assigned to Company F, 175th Infantry Regiment.

4.  The applicant's WD AGO Form 53-55 shows he departed the United States on 6 December 1944 and arrived in the European theater of operations (ETO) on 15 December 1944.  He then departed the ETO on 27 December 1945 and arrived in the United States on 11 January 1946.  He completed 2 years, 4 months, and 3 days of continental service and 1 year, 1 month, and 6 days of foreign service.  He was honorably separated on 16 January 1946.

5.  Item 31 (Military Qualification and Date) of the applicant's WD AGO 
Form 53-55 shows he was awarded the Combat Infantryman Badge.

6.  Item 32 (Battles and Campaigns) of the applicant’s WD AGO Form 53-55 shows he participated in the Rhineland and Central Europe campaigns during WWII.

7.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he was awarded the American Theater Ribbon, the Good Conduct Medal, the WWII Victory Medal, and the European-African-Middle Eastern Campaign Medal.  Item 33 does not show award of the Purple Heart.

8.  Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55 contains the entry, "None."

9.  The applicant's information from the Hospital Admission Cards created by the Office of the Surgeon General shows that he suffered a battle injury that resulted from a blast or explosion and burned his hand and face.  He was admitted to the hospital on 16 January 1945.

10.  The applicant's AG Form 92 (Extract from Sick Reports), dated 14 December 1951, shows he was admitted to the hospital on 16 January 1945 and was released on 1 February 1945.  This form also shows that the applicant was treated at various units, including the 30th and 175th Infantry Regiments and that at the time of his injury the applicant was assigned to Company F, 276th Infantry Regiment.

11.  The applicant’s WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty, or Retirement), dated 16 January 1945, shows the applicant was examined at Fort Bliss, TX, prior to his discharge and that the medical physician noted that the applicant was treated at the 9th Evacuation Hospital in France on 1 February 1945.

12.  The Purple Heart was established by General George Washington at Newburgh, NY, on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.

13.  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 medical personnel, and the medical treatment must have been made a matter of official record.  

14.  A review of the applicant's records indicates his entitlement to additional awards that are not shown on his WD AGO Form 53-55.

15.  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 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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during WWII.

16.  Item 33 of the applicant's WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Campaign Medal.  Additionally, appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Rhineland and Central Europe campaigns during WWII.  This same regulation states that a bronze service star will be awarded for wear on the European-African-Middle Eastern Campaign Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant sustained a battle injury, burn injuries to his hand and face as a result of an explosion on 16 January 1945, and that he was treated for such injuries.  Therefore, he meets the criteria for award of the Purple Heart and is entitled to correction of his WD AGO Form 53-55 to show this award.

2.  The evidence of record shows that the applicant was awarded the Combat Infantryman Badge.  Therefore, he is entitled to award of the Bronze Star Medal based on award of this Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show the Bronze Star Medal.

3.  The evidence of record shows the FSM was awarded the European-African-Middle Eastern Campaign Medal.  Additionally, records show the applicant participated in two campaigns while serving in the ETO.  Therefore, he is entitled to award of two bronze service stars to be affixed to the European-African-Middle Eastern Campaign Medal.

4.  The evidence of record also shows that the applicant was assigned to Company F, 276th Infantry Regiment, at the time of his injuries.  Although he was treated at other units, including the 175th Infantry Regiment and the 30th Infantry Regiment, his record of treatment at the 276th Infantry Regiment corroborates his statement that he was assigned to that unit.  Any doubt with respect to his unit of assignment should be ruled in his favor.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show Company F, 276th Infantry Regiment, as the unit of assignment.


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:

	a.  awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge; 

	b.  adding award of the Purple Heart, the Bronze Star Medal, and two bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal; and 

   c.  deleting the entry "Company F, 175th Infantry Regiment" from item 6 of his WD AGO Form 53-55 and adding the entry "Company F, 276th Infantry Regiment."


															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)                                         AR20090000618



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ABCMR Record of Proceedings (cont)                                         AR20090000618



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