IN THE CASE OF:	

		BOARD DATE:	  22 December 2009

		DOCKET NUMBER:  AR20090012721 


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.

2.  The applicant states that he earned it and would like to have it.  He was wounded in November 1944 while crossing an open field when an enemy artillery shell landed next to him.  He was knocked unconscious and was carried to a field aid station for treatment.  He was ultimately transferred to Brooks Army Hospital at Fort Sam Houston, TX, where he was discharged with a Certificate of Disability for Discharge (CDD).

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation), dated 18 May 1945, in support of his request.

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 for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 26 August 1943 and entered active duty on 16 September 1943.  This form also shows that at the time of his separation, the applicant held military occupational specialty 745 (Rifleman) and that he was assigned to Company L, 358th Infantry.  

4.  The applicant's WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 23 March 1944 and he arrived in the European Theater of Operations (ETO) on 9 April 1944.  He departed the ETO on 1 February 1945 and arrived back in CONUS on 18 February 1945.  He completed 9 months and 27 days of continental service and 10 months and 26 days of foreign service.  He was honorably discharged with a CDD on 18 May 1945

5.  Item 31 (Military Qualifications and Date (i.e. infantry, aviation, and marksmanship badges, etc.)) of the applicant's WD AGO Form 53-55 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) on 16 November 1943 and the Combat Infantryman badge on 28 September 1944.

6.  Item 32 (Battles and Campaigns) of the applicant’s WD AGO Form 53-55 shows he participated in the Normandy and Germany campaigns during World War II (WWII).

7.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Campaign Medal.  Item 33 does not show award of the Purple Heart.

8.  Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55 contains the entry "18 November 1944 European Theater."

9.  The applicant's reconstructed records contain a Casualty Message Telegram, dated 2 December 1944, addressed to the applicant's spouse informing her that he was injured in action on 18 November 1944 in France.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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, and the medical treatment must have been made a matter of official record.

11.  The applicant's reconstructed records show he is entitled to additional awards that are not listed on his WD AGO Form 53-55.

12.  Headquarters, 358th Infantry, General Orders Number 74, dated 22 August 1945 show the applicant was awarded the bronze service arrowhead.

13.  Army Regulation 600-8-22 provides, in pertinent part, for the “arrowhead” to be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  The regulation specifies that individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The regulation requires that the unit must be credited with a combat assault in order for the Soldiers to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The regulation also specifies that the arrowhead is authorized for wear on the European-African-Middle Eastern Campaign Medal.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the European-African-Middle Eastern Campaign Medal.  The regulation 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.  

15.  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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  The World War II Victory Medal was established by the act of Congress on 6 July 1945.  It was awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded in combat as a result of enemy artillery fire on 18 November 1944.  His records contain a Casualty Message Telegram notifying his spouse of the injury and his injury is listed on his WD AGO Form 53-55.  Therefore, he is entitled to award of the Purple Heart and correction of his records to show this award.

2.  The evidence of record shows that the applicant was awarded the Combat Infantryman Badge.  Therefore, he is entitled to award of the Bronze Star Medal based on award of this Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show this award.

3.  The evidence of record shows that the applicant served a qualifying period for award of the World War II Victory Medal.  Therefore, he is entitled to award of the World War II Victory Medal and correction of his records to show this award.

4.  The applicant's records show he was awarded the European-African-Middle Eastern Campaign Medal.  Furthermore, his records show he participated in two campaigns during his service in WWII.  Additionally, general orders awarded the applicant the bronze service arrowhead.  Therefore, he is entitled to award of two bronze service stars and an arrowhead to be affixed to his European-African-Middle Eastern Campaign Medal.

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 for wounds received in action on 18 November 1944; 

	b.  awarding the applicant the Bronze Star Medal based on award of the Combat Infantryman Badge; and

	c.  adding to his WD AGO Form 53-55 the Purple Heart, the Bronze Star Medal, the World War II Victory Medal, and two bronze service stars and an arrowhead to be affixed his already awarded European-African-Middle Eastern Campaign Medal.



      _______ _  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)                                         AR20090012721





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ABCMR Record of Proceedings (cont)                                         AR20090012721



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