IN THE CASE OF:	  

		BOARD DATE:	  29 October 2009

		DOCKET NUMBER:  AR20090009727 


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, the daughter of the deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Purple Heart and all other authorized awards.

2.  The applicant makes no statement.

3.  The applicant provides copies of the FSM's WD AGO Form 53-55 and death certificates for the FSM and his spouse in support of her 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 FSM was born on 14 June 1920.  On 13 June 1942, he was inducted into the Army of the United States.

3.  The FSM's service record shows that he departed the United States for duty in the European theater of operations (ETO) on 21 October 1944.  He was assigned for duty as a heavy machine gunner with Company D, 422nd Infantry Regiment, 106th Infantry Division.  He was captured by the enemy on 20 December 1944 and remained a prisoner of war until his liberation on 15 April 1945.

4.  On or about 27 April 1945, a Disposition Board examined the FSM's clinical records and found him unfit for further duty in the ETO due to severe malnutrition caused by an inadequate diet while a prisoner of war in Germany for 115 days.

5.  On 12 June 1945, the FSM departed the ETO and arrived in the United States on 20 June 1945.  He was subsequently assigned to Camp Robinson, Arkansas.

6.  On 30 August 1945, the FSM requested award of the Combat Infantryman Badge in a sworn affidavit.  He did not request award of the Purple Heart.

7.  On 16 November 1945, the FSM was honorably discharged.  He had attained the rank of corporal and had completed 3 years, 5 months, and 3 days of creditable active duty service.

8.  The FSM's WD AGO Form 53-55 shows:

	a.  in item 33 (Decorations and Citations) - Good Conduct Ribbon [now known as the Army Good Conduct Medal], Combat Infantryman Badge, American Theater Ribbon [now known as the American Campaign Medal], World War II Victory Ribbon [now known as the World War II Victory Medal], European African Middle Eastern Ribbon with three battle stars [now known as the European-African-Middle Eastern Service Medal with three bronze service stars].  It does not show award of the Purple Heart.  It shows he participated in the Rhineland, Ardennes, and Central Europe campaigns.

	b.  in item 34 (Wounds Received in Action) - "none"; and

	c.  in item 36 (Service Outside Continental U.S. and Return) - departed the United States on 21 October 1944 for the ETO, arrived in the ETO on 29 October 1944, departed the ETO on 12 June 1944 [sic], and arrived in the United States on 20 June 1944 [sic].

9.  The hospital admission cards created on 11 June 2009 for the year of 1944 indicate the following information for the FSM's service number:  enlisted man, Field Artillery, 25 years of age, white, battle casualty in July 1944, and wound penetrating structures of the neck.

10.  The evidence of record shows that the FSM was 24 years of age in July 1944 while assigned as an infantryman (heavy machine gunner) with an infantry regiment.

11.  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.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Prisoner of War Medal.  The regulation states that the Prisoner of War Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

13.  Army Regulation 600-8-22 provides for the award of the Bronze Star Medal to any person who distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy.  It also provides for award of the Bronze Star Medal to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM's records should be corrected to show all authorized awards, in particular, the Purple Heart.  

2.  The evidence of record shows that the FSM was an infantryman assigned to an infantry unit in the ETO from 29 October 1944 to 12 June 1945.  Therefore, the information contained in the hospital admission cards created on 11 June 2009 for the year of 1944 showing that he was wounded in combat in July 1944 and a member of a field artillery unit appears to contain an error or may not pertain to the FSM (a possibility if even one digit of the service number had been incorrect).  There is no other evidence of record showing that the FSM was ever wounded in action or awarded the Purple Heart.  Furthermore, the FSM did not request award of the Purple Heart in his award request dated in August 1945.  Therefore, the applicant's request to correct the FSM's records to show award of the Purple Heart should be denied.

3.  The evidence of record shows that the FSM was a prisoner of war.  Therefore, his records should be corrected to show award of the Prisoner of War Medal.

4.  The evidence of record shows that the FSM's WD AGO Form 53-55 contains incorrect dates pertaining to his return from the ETO.  In order to insure accuracy with regard to his service in the ETO, these incorrect dates should be corrected to show that he departed the ETO on 12 June 1945 and arrived in the United States on 20 June 1945.

5.  Based upon award of the Combat Infantryman Badge, the FSM was also eligible for award of the Bronze Star Medal.  This award should also be added to his WD AGO Form 53-55.

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.  showing in item 36 of the FSM's WD AGO Form 53-55 - date of departure from the ETO as 12 June 1945 and date of arrival in the United States as 20 June 1945;

	b.  awarding the FSM the Prisoner of War Medal;

	c.  awarding the FSM the Bronze Star Medal based upon award of the Combat Infantryman Badge; and 

	d.  showing that his awards include the Prisoner of War Medal and the Bronze Star Medal in addition to the awards already shown on his WD AGO Form 53-55.

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 the Purple Heart.



      ___________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)                                         AR20090009727



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ABCMR Record of Proceedings (cont)                                         AR20090009727



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