IN THE CASE OF:	

		BOARD DATE:	28 July 2009    

		DOCKET NUMBER:  AR20090003595 


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 that his records be corrected to show that he earned the award of the Purple Heart and six battle stars (bronze service stars).

2.  The applicant states that he received an injury to the face from direct enemy action and he was issued a campaign ribbon with 6 stars.  He goes on to state that it recently became important to correct his records for the sake of his children and grandchildren.

3.  The applicant provides a handwritten two-page World War II History of his service, a copy of his Honorable Discharge Certificate, a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), a copy of a WD AGO Form 106 (Request for Decoration and/or Citation), a photocopy of ribbons, a copy of a Western Union Telegram, a copy of an FL 3-7 (Veterans Administration - Notification of Transfer of Records), and two pages of photocopies. 

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 (NPRC) 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 was born on 19 December 1921.  On 21 January 1941, he enlisted in the South Carolina Army National Guard (SCARNG) and he entered active duty on 27 January 1941.  He completed his training and subsequently departed for the European-African-Middle Eastern Theater of Operations (EAMETO) on 6 August 1942.

4.  The available records show that he served in the Tunisian, Naples-Foggia, and Rome-Arno Campaigns, attained the rank of technical sergeant,  and departed the EAMETO on 20 May 1945.  He arrived back in the United States on 25 May 1945 and he was transferred to Fort Bragg, North Carolina where he was honorably discharged on 10 June 1945.  He had served 4 years, 4 months, and 20 days of total active service.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows that he was awarded the Good Conduct Medal, American Defense Service Medal, EAMET Campaign Medal with three bronze service stars, and Army Lapel Button.  Item 34 (Wounds Received in Action) contains the entry "None."

5.  The applicant also provided a WD AGO Form 106, dated 10 June 1945, in which a claim for the following awards was submitted:  the Purple Heart for injuries received in action in October 1943 while assigned to the 178th Field Artillery; the Croix De Guerre with Vermilion Star, a unit award of the 248th Field Artillery Battalion in May 1944; and two bronze service stars for participation in the Apennines and Po Valley campaigns.  This form was not signed by the certifying officer or the applicant.  Additionally, the results of the request are not present in the available records.

6.  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.

7.  Army Regulation 600-45 (Personnel - Decorations) was the regulation in effect at the time for military decorations.  It provided, in pertinent part, that a bronze service star would be authorized for each campaign an individual is credited with.  A silver service star would be worn in lieu of five bronze service stars.  In effect, an individual credited with six campaigns would wear one silver service star and one bronze service star on the respective service/campaign medal.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant's claim that he was wounded in action in October 1943 is not in doubt, the applicant has failed to show through the evidence of record and the evidence submitted with his application that he was wounded as a result of enemy action and that he was treated for such wounds.  Therefore, in the absence of such evidence, there is an insufficient basis on which to award him the Purple Heart.

2.  The applicant's contention that he served in six campaigns and is entitled to wear six bronze service stars on his campaign ribbon has been noted; however, again he has failed to show through the evidence of record and evidence submitted with his application that such was the case.  Therefore, there is no basis for granting this portion of the applicant's requested relief.

3.  Although it is noted that a claim was prepared for award of the Purple Heart, Croix De Guerre, and two additional campaign stars for wear on his EAMET Campaign Medal, there is no evidence in the available records to show what the claim was approved.  

4.  Again, the sincerity of the applicant's claim is not in doubt;, however, the lack of records due to the 1973 fire at the NPRC, coupled with the passage of time that has occurred (64 years) makes it difficult at best to determine exactly what happened in the applicant's case.   Therefore, lacking evidence to support his claim, there appears to be no basis to grant his request.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  Accordingly, there is no basis to grant the applicant's request.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  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 the United States during World War II.  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)                                         AR20090003595



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ABCMR Record of Proceedings (cont)                                         AR20090003595



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