IN THE CASE OF:	

		BOARD DATE:	  11 March 2010

		DOCKET NUMBER:  AR20090014372 


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 WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Silver Star, Bronze Star Medal, a second award of the Purple Heart, Combat Infantryman Badge, and any other awards that he is authorized.

2.  The applicant states that all of his awards are not listed on his discharge document.

3.  The applicant provides, in support of his application, copies of his WD AGO Form 53-55; general orders awarding him the Silver Star and the Purple Heart; a letter dated 25 April 1945 informing him that he was awarded the Combat Infantryman Badge; and an award certificate for the Bronze Star Medal, dated 
14 January 1992.

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's WD AGO Form 53-55 shows he:

	a.  was inducted into the Army of the United States on 28 July 1942.

	b.  entered active duty on 11 August 1942;

	c.  served in the European Theater of Operations from on or about 
1 August 1944 to on or about 28 February 1945;

	d.  served with the 378th Infantry Regiment, 95th Infantry Division;

	e.  was wounded in action on 15 November 1944, in France;

	f.  served in the Campaign of France [known as Northern France];

	g.  was awarded the Purple Heart and the European-African-Middle Eastern Campaign Ribbon with two battle stars [known as bronze service stars];

	h.  was separated on 4 April 1945, while still a patient at Thayer General Hospital, and received a Certificate of Disability for Discharge.

4.  A health record research project, commonly referred to as the "SGO Files," involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape.  In 1988 the National Research Council made these tape files available to the NPRC.  The availability of the information to the NPRC received considerable publicity by the various veterans' service organizations.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.

5.  A search of the SGO files show that on 15 November 1944 the applicant was hospitalized as a battle casualty.  He had received a machine gun bullet(s) to the abdomen.

6.  General Order Number 8, 30th Field Hospital, dated 19 November 1944, awarded the applicant the Purple Heart for wounds received in France on 
17 November 1944 [Actual date of wounds was 15 November 1944].  

7.  In a letter, provided by the applicant, dated 25 April 1945, the applicant was informed that he had been awarded the Combat Infantryman Badge for his actions on 15 November 1944.  The letter requested that he forward the original copy of his discharge certificate to the personnel office so that additional pay could be sent to him.

8.  General Orders Number 115, 95th Infantry Division, dated 18 May 1945, awarded the applicant the Silver Star for gallantry in action against the enemy on 15 November 1944.  In the vicinity of Semecourt, France, while crossing an open field the applicant's company made its first offensive action.  The company encountered deadly machine gun fire.  Sacrificing his own safety fearlessly, the applicant calmly guided his entire platoon across the murderous stream of bullets before attempting to cross himself.  After his last man had crossed unscathed, the applicant was cut down, seriously wounded by the fierce machine gun fire.

9.  Department of the Army Pamphlet (DA PAM) 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II and the Korean War.  This document shows the 378th Infantry Regiment, 95th Infantry Division, was awarded the Distinguished Unit Citation [now known as the Presidential Unit Citation] by War Department General Order 21, dated 1945, and they were awarded the French Croix de Guerre by Department of the Army General Order 43, dated 1950.  

10.  In a 28 March 1983 letter, the U.S. Army Military Personnel Center published the policy regarding awards of the French Croix de Guerre to U.S. Army veterans who had served in World War I and World War II.  Essentially, this guidance states that there is no individual emblem presented to or worn by Army Soldiers who were in a unit cited by the French Government for the Croix de Guerre.  Thus, former members of any American units which appear in Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Credit Register) are not authorized an individual device.

11.  DA PAM 672-1 also shows during the time of the applicant's assignment the 378th Infantry Regiment participated in the Northern France and Rhineland campaigns.

12.  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 a medical officer, and the medical treatment must have been made a matter of official record.  For each subsequent award an Oak Leaf Cluster will be worn on the medal or ribbon.  Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations or service within the continental United States for an aggregate period of one year.

14.  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.

15.  Army Regulation 600-8-22 provides, in pertinent part, for the wear of a bronze service star on the European-African-Middle Eastern Campaign Medal for participation in each campaign.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his WD AGO Form 53-55 should be corrected to show award of the Silver Star, Bronze Star Medal, a second award of the Purple Heart, and any other awards that he is authorized.

2.  General orders show the applicant was awarded the Silver Star for gallantry in action.  Therefore, his WD AGO Form 53-55 should be corrected to show this award.

3.  The available evidence shows the applicant was awarded the Combat Infantryman Badge for his service in the European Theater of Operations during World War II.  Accordingly, he was also awarded the Bronze Star Medal. Therefore his WD AGO Form 53-55 should be corrected to show these medals.

4.  Records show the applicant participated in the Northern France and Rhineland campaigns.  Therefore, these two campaigns should be shown on his WD AGO Form 53-55.

5.  Records show the applicant served during a qualifying period for award of the American Campaign Medal and the World War II Victory Medal.  Therefore, these two awards should be shown on his WD AGO Form 53-55.

6.  General orders show the applicant was awarded the Purple Heart for wounds sustained on 15 November 1944.  However, here is no available evidence showing that the applicant had been wounded in action before that date.  The applicant's citation for award of the Silver Star indicates that he had been too badly wounded to have been returned to action 2 days later.  Therefore, the date on his Purple Heart orders appears to be in error.  Furthermore, additional awards are not authorized for multiple wounds or injuries received from the same machine gun fire.  Therefore, the applicant's request for award of an Oak Leaf Cluster for wear on his Purple Heart should be denied.

7.  According to Army policy, no individual emblem may be presented to be worn by Army Soldiers who were in a unit cited by the French Government for the Croix de Guerre.  However, the applicant is entitled to have this award entered on his WD AGO Form 53-55.  The appropriate entry is "French Croix de Guerre-Unit Citation-No Emblem authorized" to be added to item 55 (Remarks).

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, in particular the WD AGO Form 53-55, of the individual concerned be corrected by:

	a.  adding in Item 31 (Military Qualification and Date) the Combat Infantryman Badge;

	b.  deleting from Item 32 (Battles and Campaigns) Campaign of France;

	c.  adding in Item 32 Northern France, Rhineland;

	d.  deleting from Item 33 (Decorations and Citations) Purple Heart, ETO Ribbon with two battle stars;

	e.  showing in Item 33 the Silver Star, Purple Heart, Bronze Star Medal, European-African-Middle Eastern Campaign Medal with two bronze service stars, American Campaign Medal, World War II Victory Medal, and the Combat Infantryman Badge, and

   f.  adding to item 55 the entry, “French Croix de Guerre-Unit Citation-No Emblem authorized.”

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 an Oak Leaf Cluster for wear on his 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)                                         AR20090014372



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ABCMR Record of Proceedings (cont)                                         AR20090014372



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