IN THE CASE OF:	  

		BOARD DATE:	  19 May 2009

		DOCKET NUMBER:  AR20090002179 


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.

2.  The applicant states, in effect, that the Western Union telegram, dated 9 October 1944, should show his entitlement to a second Purple Heart.  He also states that he was not aware that he could apply for his medals.

3.  In support of his application, the applicant provides copies of four letters from the War Department to his mother and three Western Union telegrams.

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 and documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The applicant's available military records show that he was inducted into the Army of the United States on 1 October 1943.  He completed training in military occupational specialty (MOS) 745, Rifleman.  He served overseas in the European theater of operations from 18 May 1944 to on or about 14 August 1945 with Company E, 349th Infantry Regiment, during the North Apennines, Po Valley, and Rome-Arno campaigns.

4.  The applicant submits copies of three Western Union telegrams.  Telegram number one that was dispatched from The Adjutant General’s Office on 1 August 1944 advised his mother that he had been slightly injured in action on 13 July 1944 in Italy.  Telegram number two that was dispatched from The Adjutant General’s Office on 9 October 1944 advised his mother that he had been slightly wounded in action on 22 September 1944 in Italy.  Telegram number three that was dispatched from The Adjutant General’s Office on 19 October 1944 advised his mother that he had been slightly wounded in action on 5 October 1944 in Italy.

5.  The applicant also submits copies of four letters, dated 10 August 1944, 2 November 1944, 13 November 1944, and 2 December 1944, wherein his mother was advised that he had returned to duty and was making normal improvement.

6.  The applicant was honorably discharged from active duty as a private first class on 26 November 1945 for the convenience of the government upon demobilization.

7.  Entries on the applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) do not show award of the Purple Heart with first or second oak leaf clusters.  Item 31 (Military Qualification and Date) lists the following awards:  the Combat Infantryman Badge and the Marksman Marksmanship Qualification Badge with Rifle Bar.  Item 33 (Decorations and Citations) lists the following awards:  the World War II Victory Medal, the Army Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with three bronze service stars, and the Purple Heart based on General Orders 71 by Headquarters, 24th General Hospital, dated 15 October 1944.  Item 55 (Remarks) lists award of the Honorable Service Lapel Button.  Item 34 (Wounds Received in Action) shows that he was wounded on 5 October 1944 in North Apennines.
8.  There are no orders in the applicant’s available service personnel records that show he was awarded a second or third Purple Heart.

9.  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.

10.  Army Regulation 600-8-22 also provides that 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.  Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.

11.  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.

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows the applicant's unit was cited for award of the French Croix de Guerre for the period from 1 December 1943 to 31 July 1944 by Department of Army General Orders 43, dated 1950.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the Western Union telegrams show his entitlement to award of a second Purple Heart.  There are no general orders that show the applicant was awarded the Purple Heart with first oak leaf cluster.  However, the evidence shows the applicant's mother was advised that he was injured and/or wounded in action on 13 July 1944, 22 September 1944, and 5 October 1944 while serving in Italy.  The applicant's mother was later advised on 10 August 1944, 2 November 1944, 13 November 1944, and 2 December 1944 that the applicant had returned to duty and was making normal improvements.  Despite the lack of general orders awarding the applicant the Purple Heart with a first or second oak leaf cluster, the evidence shows he is qualified for these awards for wounds received as a result of hostile action on 13 July 1944 and 22 September 1944.  Therefore, he is entitled to award of the Purple Heart with first and second oak leaf clusters and to have these awards shown on his WD AGO Form 53-55.

2.  The evidence of record 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 WD AGO Form 53-55 to show award of the Bronze Star Medal at this time.

3.  The applicant was a member of the 349th Infantry Regiment when it was cited for award of the French Croix de Guerre.  Therefore, the applicant is also entitled to correction of his military records to show that he is authorized this foreign unit award.

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

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 the applicant the Purple Heart with first and second oak leaf clusters for wounds received as a result of hostile action on 13 July 1944 and 22 September 1944, respectively, and the Bronze Star Medal based on award of the Combat Infantryman Badge;

	b.  adding the Purple Heart with second oak leaf cluster, the Bronze Star Medal, and the French Croix de Guerre to his WD AGO Form 53-55; and
	c.  by providing him a corrected separation document that shows these awards.



      __________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)                                         AR20090002179



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ABCMR Record of Proceedings (cont)                                         AR20090002179



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