IN THE CASE OF:	  

		BOARD DATE:	    22 April 2010 

		DOCKET NUMBER:  AR20090014466 


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, in effect, that a bronze service star, a silver service star, and the Purple Heart be added to the awards listed on his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge).

2.  The applicant states he needs these corrections made so that he may be eligible for Veterans compensation.

3.  The applicant provides a copy of his WD AGO Form 53-55 and a letter from the National Personnel Records Center (NPRC) listing his awards.

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.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, sufficient information is available to render a full and impartial review of his case.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty on 13 April 1943.  On 9 December 1945, he was separated with an honorable discharge.

4.  The applicant's WD AGO Form 53-55 also shows:

	a.  In item 6 (Organization) he served with F Company, 104th Infantry, 
26th Infantry Division.

   b.  In item 31 (Military Qualifications) he was awarded the Combat Infantryman Badge.
   
   c.  In item 32 (Battles and Campaigns) that he served in the Normandy, Northern France, Ardennes, Rhineland, Central Europe and Air Offensive-Europe campaigns.
   
   d.  In item 33 (Decorations and Citations) he received the European-African-Middle Eastern Campaign Medal with six bronze service stars, the Good Conduct Medal, and the World War Two Victory Medal.
   
   e.  In item 34 (Wounds Received in Action) "NONE."
   
   f.  In item 36 (Service Outside Continental U.S. and Return) that he departed Europe for the United States on 24 November 1945.

5.  The applicant's WD AGO Form 100 (Separation Qualification Record) shows that he served in four military occupational specialties.  These included
Basic Air Corps #521, Cook #060, Light Truck Driver #345, and Automatic Rifleman #746.  

6.  There is no available report of a separation medical examination.

7.  A health record research project commonly referred to as the "SGO Files" involved transposing 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.  Searches of these files fail to show the applicant was wounded or injured as a result of enemy action.

8.  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 sustained while in action against the enemy or as a result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

9.  The Army Regulation 600-8-22 provides that a silver service star is authorized in lieu of five bronze service stars.

10.  Army Regulation 600-8-22, chapter 5, covers service medals and ribbons.  It provides that The Army of Occupation Medal is authorized to Soldiers who served in the European Theater during the occupation of Europe will wear only the clasp inscribed "Germany."

11.  Army Regulation 600-8-22, paragraph 9-4, addresses foreign unit decorations.  It provides that individual emblems, where authorized for wear, are not issued but may be purchased.  Among World War II awards, only the French and Belgian Fourragere, the Netherlands Orange Lanyard, and the Philippine Republic Presidential Unit Citation Badge are authorized for wear.

12.  Army Regulation 600-8-22 also 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.

13.  Army Pamphlet 672-1 (Unit Citation and Campaign Credit Register) shows that the 104th Infantry was awarded the French Croix de Guerre and was cited in the Order of the Day of the Belgian Army.  It also received occupation credit for Germany for the period 2 May through 20 September 1945 and Austria for the period 30 September through 30 October 1945.



DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that a silver service star, bronze service star, and the Purple Heart be added to his WD AGO Form 53-55.

2.  The applicant is entitled to a silver service star and a bronze service star rather than six bronze service stars to be worn with the European-African-Middle Eastern Campaign Medal.  

3.  He is authorized award of the Bronze Star Medal based on award of the Combat Infantryman Badge.

4.  His unit was awarded the Army of Occupation Medal for Germany and for Austria.  Therefore he is authorized to wear the Army of Occupation Medal with the "Germany" Clasp.

5.  His unit was awarded the French Croix de Guerre and was cited in the Order of the Day of the Belgian Army.  Although he was not authorized to wear an emblem based on a one time citation, entries should be made on his WD AGO Form 53-55 to show these citations.

6.  Unfortunately, there is no substantiating evidence that shows the applicant was awarded the Purple Heart or treated for a wound sustained as a result of enemy action.

7.  In view of the foregoing findings and conclusions, it would be appropriate to rectify this injustice by correcting the applicant’s records as recommended 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 amending item 33 of his WD AGO Form 53-55 by:

   a.  deleting the European-African-Middle Eastern Theater Ribbon with
6 bronze service stars; 
   
   b.  adding the Bronze Star Medal, Army of Occupation Medal with "Germany" Clasp, European-African-Middle Eastern Theater Ribbon with one silver service star and one bronze service star; and 
   
   c.  adding in the Remarks block "FRENCH CROIX DE GUERRE - UNIT CITATION, UNIT CITED IN THE ORDER OF THE DAY OF THE BELGIAN ARMY – NO EMBLEMS 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 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)                                         AR20090014466



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ABCMR Record of Proceedings (cont)                                         AR20090014466



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