IN THE CASE OF:	  

		BOARD DATE:	  4 February 2010

		DOCKET NUMBER:  AR20090016439 


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, award of the Purple Heart (PH).

2.  The applicant states, in effect, he needs the PH he earned added to his 
WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).

3.  The applicant provides no documentation in support of his application.

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 record is 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 on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of the applicant's WD AGO Form 53-55, and an Office of the Adjutant General's (OTAG) Battle Casualty Report that remains in the NPRC file. 

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 18 January 1943.  It also shows he held and served in military occupational specialty (MOS) 643 (Field Lineman) and that the highest rank he attained while serving on active duty was private first class (PFC).  It further confirms he served in the ETO from on or about 13 August 1944 until on or about 10 August 1945, and that he was assigned to Company I, 180tth Regiment, 45th Division.

4.  Item 31 (Military Qualifications) of the applicant's WD AGO Form 53-55  shows he earned the Combat Infantryman Badge (CIB) and Item 33 (Decorations and Citations) shows he earned the European-African-Middle Eastern (EAME), Campaign Medal, American Campaign Medal, and 2 Overseas Service Bars.  Item 34 (Wounds Received in Action) contains the entry "None."  

5.  A Battle Casualty Report, dated 24 April 1945, shows the applicant was slightly wounded in action on 15 April 1945.  

6.  The applicant's WD AGO Form 53-55 and the NPRC file are void of any derogatory information or a unit commander disqualification that would have precluded the applicant from receiving the Army Good Conduct Medal (AGCM).  

7.  On 1 November 1946, the applicant was honorably separated, by reason of Certificate of Disability, after completing a total of 1 year, 9 months, and 5 days of active military service.   

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  

   a.  Paragraph 2-8 contains guidance on award of the PH and states, in pertinent part, that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by military medical personnel, and a record of the medical treatment must have been made a matter of official record.

   b.  Paragraph 3-13 provides guidance on award of the BSM.  Paragraph 
3-13d(2) states, in effect, that the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945.  The regulation stipulates that for this purpose a CIB is a citation in orders. 

   c.  Paragraph 4 of the awards regulation contains guidance on award of the AGCM.  It states in pertinent part, that for the first award only, a period of 1 year served entirely during the period 7 December 1941 to 2 March 1946 is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

   d.  Paragraph 5-11 of the award regulation provides guidance on award of the Army of Occupation Medal.  It states in pertinent part that the Army of Occupation Medal with Germany clasp is awarded for service for 30 consecutive days at a normal post of duty (as contrasted to inspector, visitor, courier, escort, passenger, temporary duty, or detached service) while assigned to Germany (exclusive of Berlin) between 9 May 1945 and 5 May 1955. (Service between 
9 May and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.) 

   e.  Paragraph 5-12 of the awards regulation contains guidance on the World War II Victory Medal.  It states that it is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.  

9.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  It confirms that during his tenure of assignment, the applicant's unit (Company I, 180th Regiment, 45th Infantry Division) received occupation credit for Germany (2 May-5 July 1945) and was awarded the Meritorious Unit Commendation (8 February-30 April 1945, Headquarters, Theater Services Forces General Orders 226, dated 11 August 1945).  It further confirms the unit was credited with participating in the Ardennes-Alsace 
(16 December 1944 through 25 January 1945), Central Europe (22 March through 11 May 1945), Rhineland (15 September 1944 through 21 March 1945), Rome-Arno (22 January through 9 September 1944), and Southern France 
(15 August through 14 September 1944) campaigns of WWII.




DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the PH he earned should be added to his WD AGO Form 53-55 was carefully considered and found to have merit.  The applicant's NPRC file contains a Battle Casualty Report that confirms the applicant was slightly wounded in Germany on 15 April 1945.  As a result, it would be appropriate to amend his WD AGO Form 53-55 by awarding him the PH and adding it to item 33.  It would also be appropriate to delete the current entry in item 34 and add the entry "Slightly Wounded in Action, Germany, 
15 April 1945."  

2.  The applicant's WD AGO Form 53-55 also confirms the applicant was awarded the CIB.  Therefore, it would be appropriate to award him the BSM for his exemplary conduct in ground combat against an armed enemy in the ETO between 8 August 1944 and 15 August 1945.  

3.  Absent any derogatory information or unit commander disqualification on his WD AGO Form 53-55 or in his NPRC file, it would be appropriate and serve the interest of equity and justice to award the applicant the AGCM for his qualifying honorable active duty service from 18 January 1943 through 1 November 1945, and to add this award to his WD AGO Form 53-55.  

4.  The World War II Unit Campaign Participation Credit Register shows that during his tenure of assignment in the ETO, the applicant's unit (180th Infantry Regiment, 45th Division) was credited with participating in the Ardennes-Alsace, Central Europe, Rhineland, Rome-Arno, and Southern France campaigns.  Absent any indication he was not present with his assigned unit and given he was awarded the CIB and wounded in action while serving in the ETO, it is reasonable to err on the side of the applicant and presume he was present with the unit during these campaigns.  Therefore, in the interest of justice and equity, it would be appropriate to correct item 32 of his WD AGO Form 53-55 accordingly. 

5.  In addition, based on his WWII service and his service and campaign participation in the ETO, it is also reasonable to presume he is also eligible for the World War II Victory Medal, Meritorious Unit Commendation, and 1 silver service star for wear with his already awarded EAME.  Thus, it would also be appropriate in the interest of equity and justice to add these awards to his WD AGO Form 53-55 at this time.  

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 him the Purple Heart for wounds received in action in Germany on 15 April 1945; 
      
   b.  awarding him the Bronze Star Medal for his exemplary conduct in ground combat against an armed enemy in the ETO between 13 August 1944 and         10 August 1945, based on his receipt of the Combat Infantryman Badge;  
   
   c.  awarding him the Army Good Conduct Medal for his qualifying period of 
honorable active duty service from 18 January 1943 1 November 1945;

   d.  amending item 32 of his WD AGO Form 53-55 by deleting the current entry and replacing it with the entry "Ardennes-Alsace, Central Europe, Rhineland, Rome-Arno, Southern France"; 
      
   e.  amending Item 33 of his WD AGO Form 53-55 by deleting the entry European-African-Middle Eastern Campaign Medal and replacing it with the entry European-African-Middle Eastern Campaign Medal with 1 silver service star and adding the Purple Heart, Bronze Star Medal, Army Good Conduct Medal, World War II Victory Medal, Army of Occupation Medal with Germany Clasp, and Meritorious Unit Commendation;
      
      
      
      
      
      
      
   f.  amending Item 34 of his WD AGO Form 53-55 by deleting the current entry and replacing it with the entry "Wounded In Action, Germany, 15 April 1945"; and 
      
   g.  providing him a correction document that includes these changes. 




      _______ _   _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)                                         AR20090016439



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ABCMR Record of Proceedings (cont)                                         AR20090016439



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