DOCKET NUMBER:  AR20090012081 


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 correction of his records to show award of the Purple Heart and all other awards to which he may be entitled.

2.  The applicant states, in effect, that he was not issued award of the Purple Heart after being injured in the service.  In a 19 February 2010 telephone conversation with a member of the Board staff, the applicant stated he went over a cliff in a jeep and spent months in the hospital.

3.  The applicant provides a WD AGO Form 53-55 (Honorable Discharge) for the period ending 26 December 1945; a U.S. Army Honorable Discharge Certificate, dated 26 December 1945; a WD AGO Form 100 (Separation Qualification Record), dated 26 December 1945; and a Department of Veterans Affairs (DVA) memorandum dated 22 February 2005.

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, this case is being considered using reconstructed records, which primarily consist of his WD AGO Form 53-55, WD AGO Form 100, WD AGO Form 24 (Service Record) with the period ending 26 December 1945, and a DVA memorandum dated 22 February 2005.

3.  The applicant's records show he was inducted into the Army of the United States on 14 October 1942 and entered active duty on 28 October 1942.  He successfully completed basic training and was designated as an infantry rifleman.

4.  On 4 June 1944, the applicant departed the United States for duty in the European theater of operations (ETO).  He arrived in the ETO on 14 June 1944 and was assigned to Company B, 135th Infantry.  On 25 October 1944, he was attached/assigned to the Detachment of Patients, 33rd General Hospital, for unspecified reasons.  On 1 January 1945, he returned to his unit.

5.  The applicant departed the ETO on 5 December 1945.  On 26 December 1945, he was honorably discharged.

6.  The applicant's WD AGO Form 53-55 for the period ending 26 December 1945 shows he was awarded the American Theater Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Good Conduct Medal, the World War II Victory Medal, and the Combat Infantryman Badge,  Item 34 (Wounds Received in Action) contains the entry "none."  Item 32 (Battles and Campaigns) shows he participated in the Rome-Arno, Northern Apennines, and Po Valley campaigns.

7.  There are no general orders in the applicant's records that show he was awarded the Purple Heart.

8.  The applicant provided a memorandum from the DVA, dated 22 February 2005.  This document shows that he has a service-connected disability for residuals from a right shoulder injury that was evaluated as 20-percent disabling.
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 military medical personnel, and the medical treatment must have been made a matter of official record.

10.  Army Regulation 600-8-22 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.

11.  Army Regulation 600-8-22, in pertinent part, authorizes a bronze service  star based on qualifying service for each campaign listed in appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO 
Form 53-55.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's available records that show he was awarded the Purple Heart.  The available evidence shows that the applicant was attached/assigned to the Detachment of Patients, 33rd General Hospital, while serving in the ETO.  However, there is no evidence in the available records to explain he incurred his injuries; however, he stated he was in a jeep that went over a cliff.  Regrettably, in the absence of evidence that shows the applicant was injured and hospitalized as a result of hostile action, there is an insufficient basis for award of the Purple Heart in this case.

2.  The applicant was awarded the Combat Infantryman Badge and is therefore entitled to the Bronze Star Medal.  He was also credited with participation in three campaigns which meets the eligibility criteria for three bronze service stars 
to be affixed on the European-African-Middle Eastern Campaign Medal.  Therefore, the applicant's WD AGO Form 53-55 should be amended to reflect these awards.


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 based on award of the Combat Infantryman Badge and

	b.  amending his WD AGO Form 53-55 to add the Bronze Star Medal and three bronze service stars for wear on his already-awarded European-African-Middle Eastern Campaign Medal.

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 the applicant the Purple Heart.

3.  The Board wants the applicant and all others concerned to know that this action insofar as relates to the Purple Heart in no way diminishes the sacrifices made by the applicant 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)                                         AR20090012081



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ABCMR Record of Proceedings (cont)                                         AR20090012081



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