IN THE CASE OF:	  

		BOARD DATE:	    21 January 2010

		DOCKET NUMBER:  AR20090011656 


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 widow of a 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 Bronze Star Medal and the Purple Heart.

2.  The applicant states that the FSM was part of the Battle of the Bulge with the 99th Division and that his wounds included a partial loss of hearing in his left ear, frost bite, and shrapnel in his legs.  She states that the only evidence of proof would be pictures of his Bronze Star Medal and Purple Heart.

3.  The applicant provides a copy of the FSM's WD AGO Form 53-55 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The FSM'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 FSM's records were lost or destroyed in that fire.  The following information was derived from documents furnished by the applicant and obtained through other sources available to the ABCMR.

2.  The FSM's available military records show he was inducted into the Army of the United States and entered active service on 9 March 1944.  He was subsequently awarded military occupational specialty (MOS) 761 (scout).  The highest rank/grade he attained during his tenure of service was private first class (PFC)/E-3.

3.  On 26 May 1946, the FSM was discharged after completing 2 years, 2 months, and 18 days of active service.

4.  The FSM's WD AGO Form 53-55 shows he served in the European theater of operations (ETO) from 10 October 1944 to 1 May 1946.

5.  The FSM's available records do not contain orders or a recommendation for award of the Bronze Star Medal or the Purple Heart.

6.  Item 31 (Military Qualification and Date) of the FSM's WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge on 29 November 1944.

7.  Item 32 (Battles and Campaigns) of the FSM's WD AGO Form 53-55 shows he participated in the following campaigns during his ETO service:  Ardennes, Central Europe, and Rhineland.

8.  Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Campaign Medal, Army Good Conduct Medal, World War II Victory Medal, and Army of Occupation Medal.  It does not show award of the Bronze Star Medal or the Purple Heart.

9.  Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 contains the entry "none."

10.  The FSM died on 13 January 2009.

11.  A health record research project, commonly referred to as the "Surgeon General's Office Files," involved transposing the hospital admission card data from the periods of World War II and the Korean War onto magnetic tape.  These files show the applicant was treated for a non-battle injury to his foot in June 1944.

12.  Army Regulation 600-8-22 (Military Awards) provides 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 such 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.

13.  Army Regulation 600-45 (Decorations), then in effect, 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.

14.  Army Regulation 600-8-22, in pertinent part, authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern theater of operations for the period 7 December 1941 to 8 November 1945.  Army Regulation 600-8-22 also authorizes a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation or listed in item 32 of the WD AGO Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the European-African-Middle Eastern Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  Since the FSM was awarded the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal based on policies enacted subsequent to his separation.  Therefore, it would be appropriate to award him the Bronze Star Medal based on award of the Combat Infantryman Badge and correct his records to show this award.

2.  There are no orders or certificates that awarded the FSM the Purple Heart.  There are also no records available, to include medical records, that show the FSM was wounded or treated for wounds as a result of hostile action.  There are insufficient documents in the available records to support granting this portion of the applicant's requested relief.

3.  The FSM participated in three campaign phases during his tenure of service in the ETO.  Therefore, he is entitled to three bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal.

4.  In view of the foregoing, the applicant is entitled to have the FSM's records corrected as shown below.



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.  deleting from item 33 of the FSM's WD AGO Form 53-55 the European-African-Middle Eastern Campaign Medal;

   b.  awarding the FSM the Bronze Star Medal based on award of the Combat Infantryman Badge; and
   
   c.  adding to item 33 of the FSM's WD AGO Form 53-55 the Bronze Star Medal and the European-African-Middle Eastern Campaign Medal with three bronze service stars.

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 awarding and adding the Purple Heart to the FSM's WD AGO Form 53-55.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the FSM in service to our Nation.  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)                                         AR20090011656



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ABCMR Record of Proceedings (cont)                                         AR20090011656



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