IN THE CASE OF:	  

		BOARD DATE:	       28 May  2009

		DOCKET NUMBER:  AR20090000929 


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, correction of Item 33 (Decorations and Citations), Item 34 (Wounds Received In Action), and Item 55 (Remarks) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge).   

2.  The applicant states, in effect, his WD AGO Form 53-55 should reflect three awards of the Purple Heart (PH).  He claims that during the Battle of Bastogne, he was awarded three PHs for three separate wounds (flesh bullet wounds to shoulder from machine gun fire, artillery shrapnel wound in right buttock, and artillery shrapnel in right ankle region).  He states he earned the right to wear the proper decorations.  He also states that this correction is necessary because he is applying for benefits from the Department of Veterans Affairs (VA).

3.  The applicant further states, in effect, that the history of the Battle of Bastogne and his unit's participation is well documented; however, as is the case in many field promotions and decorations during World War II (WWII), neither the wounds nor the PHs were properly documented on discharge papers.  He hopes the Board will take into consideration the importance of having his record correct although it is many years after the occurrence.

4.  The applicant provides no additional documentary evidence 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 applicant's complete military record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using a reconstructed record that consist of partially legible pages from his WD AGO Form 24 (Service Record) and his WD AGO Form 53-55, which remain in the NPRC file.  

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army on 10 January 1944, and he entered active duty on 2 February 1944.  He held and served in military occupational specialty (MOS) 7745 (Rifle Squad Leader) and he was assigned to the 506th Parachute Infantry Regiment.  It also shows that he served in the European Theater of Operations (ETO) from 9 November 1944 through 29 December 1945, and that staff sergeant (SSG) is the highest rank he held while serving on active duty.  

4.  Item 31 (Military Qualifications) of the applicant's WD AGO Form 53-55 shows he earned the Parachutist Badge and Combat Infantryman Badge (CIB).  Item 32 (Battles and Campaigns) shows he participated in the Ardennes, Rhineland, and Central Europe campaigns of WWII, and Item 33 and Item 55 show he earned the following awards during his active duty tenure:  European-African-Middle Eastern Campaign Ribbon, Army Good Conduct Medal, WWII Victory Medal, Distinguished Unit Badge and 2 Overseas Service Bars.  Item 34 contains the entry "None."  The separation document further shows the applicant was honorably separated on 18 January 1946, after completing a total of 2 years and 9 days of active military service.  

5.  The applicant's NPRC file contains a WD AGO Form 0707 (Record of Award of Purple Heart), which shows the applicant was awarded the PH for being wounded in action in the ETO on 13 January 1945, and that this award was authorized and announced in 101st Airborne Division General Orders (GO) Number 216, dated 28 November 1945.  It also contains a WD AGO Form 0706 (Record of Award of the Infantryman Badge) which shows that, on 23 December 1944, while serving with E Company, 506th Parachute Infantry Regiment, the applicant was authorized combat pay based on being awarded the CIB.  

6.  The NPRC file is void of any additional PH award orders or other documents or medical treatment records that confirm he was wounded in action a second or third time, or that verify treatment for a combat related wound or injury by military medical personnel.  

7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that in order to award a PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by military medical personnel, and that a record of the medical treatment was made a matter of official record.  

8.  Paragraph 3-13 of the awards regulation provides guidance on award of the BSM.  Paragraph 3-13d (2) states, in effect, that the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945.  This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders.  

9.  Paragraph 5-11 of the awards regulation contains guidance on the Army of Occupation Medal (AOM).  It states, in pertinent part, that the AOM is authorized for the occupation of Germany (exclusive of Berlin) between 9 May 1945 and 
5 May 1955. (Service between 9 May and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945).   

10.  Paragraph 5-13 of the awards regulation contains guidance on the European-African-Middle Eastern Campaign Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the ETO.  


11.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  This source confirms that during his tenure of assignment, the applicant’s unit (506th Parachute Infantry Regiment) earned the Distinguished Unit Citation (now known as the Presidential Unit Citation), Belgium Fourragere, and Army of Occupation Medal with Germany Clasp.  It also confirms the unit was credited with participating in the Ardennes-Alsace, Central Europe, and Rhineland campaigns of WWII.  

DISCUSSION AND CONCLUSIONS:

1.  The available evidence confirms the applicant was wounded in action in the ETO, on 13 January 1945, and that he was awarded the PH as a result, as evidenced by the WD AGO Form 0707 in his NPRC file.  As a result, it would be appropriate to amend his WD AGO Form 53-55 by adding the PH to Item 33 and by deleting the current entry in Item 34 and replacing it with the entry "Wounded In Action, ETO, 13 January 1945."  

2.  However, there is no available documentary evidence in the NPRC file that confirms the applicant was wounded in action a second or third time, or that verifies that he was ever treated for a combat related wound or injury by military medical personnel.  As a result, there is an insufficient evidentiary basis to support award of a second or third PH.  The applicant should know that this action is based solely on the lack of documentary evidence satisfying the regulatory burden of proof necessary to support award of the PH, and in no way diminishes the sacrifices he made in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  

3.  The available evidence also confirms that based on his having been awarded the CIB, the applicant is eligible to be awarded the BSM, for his exemplary conduct in ground combat against an armed enemy in the ETO between 
9 November 1944 and 2 September 1945.  Therefore, it would also be appropriate to award him the BSM and to add it to his record and WD AGO Form 53-55 at this time.  


4.  Further, based on his service and campaign participation in the ETO, the applicant is also eligible for the Belgium Fourragere, AOM with Germany Clasp, and 3 bronze service stars to be worn with his already-awarded European-African-Middle Eastern Campaign Medal.  These awards should also be added to Item 33 of his WD AGO Form 53-55 at this time.  

5.  There is no need to correct Item 55 of the applicant's WD AGO Form 53-55 since the only matters raised by the applicant are properly addressed in corrections to Item 33 and Item 34 and any change to Item 55 would simply be addressing continuation of the items in question if space was needed.  

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 him the Bronze Star Medal for exemplary conduct in ground combat against an armed enemy in the European Theater of Operations between 9 November 1944 and 2 September 1945;

	b.  amending Item 33 of his WD AGO Form 53-55 by adding the Bronze Star Medal, Purple Heart, AOM with Germany Clasp, Belgium Fourragere and
3 bronze service stars to be worn with his already-awarded European-African-Middle Eastern Campaign Medal;

	c.  amending Item 34 of his WD AGO Form 53-55 by deleting the current entry and replacing it with the entry "Wounded In Action, European Theater of Operations, 13 January 1945"; and 

	d.  providing him a correction to his WD AGO Form 53-55 that includes the above changes.  
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 and third PH and to any correction of Item 55 of the WD AGO Form 53-55.




      _______ _   _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)                                         AR20090000929



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ABCMR Record of Proceedings (cont)                                         AR20090000929



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