IN THE CASE OF:	  

		BOARD DATE:	  	  22 June 2010

		DOCKET NUMBER:  AR20090020449


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 award of the Purple Heart.

2.  The applicant states he fought in World War II during the Battle of the Bulge.  He was close to mortar fire and received a concussion.  Men he fought with received Purple Hearts after discharge and he'd like one too for his part in the Battle of the Bulge.

3.  The applicant provides:

   a.  his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge);

   b.  an audiogram dated 8 November 2009 showing hearing degradation; and

   c.  a Veterans Administration (VA) Form P-80a (Award of Disability Compensation or Pension), dated 26 February 1946, for defective hearing.

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 provided a signed WD AGO Form 53-55 which shows:  
   a.  he served in the Army of the United States from 21 January 1943 (entering active duty on 28 January 1943) to 23 October 1945;
   b.  he served 1 year, 7 months and 3 days in the United States and 1 year, 
1 month and 23 days in the European Theater of Operations;

   c.  he was a gunner (artillery crewman) in Battery C, 254th Field Artillery Battalion, which was a 155mm howitzer battalion;

   d.  he participated in 3 campaigns – Rhineland, Ardennes, and Central Europe;
   
   e.  he was awarded the Good Conduct Medal and the European-African-Middle Eastern Campaign Medal with 3 bronze [service] stars; and
   
   f.  Item 34 (Wounds Received in Action) contains the entry – "None." 

4.  The applicant's service medical records are not available.  There are no orders showing he was ever awarded a Purple Heart.

5.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  The Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record; 

	b.  The American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside the Continental United States, but within the American Theater of Operations between December 7, 1941 and March 2, 1946 under the following circumstances, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against 
the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher; or, an aggregate service of 1 year within the Continental United States during the same period [emphasis added]; and

	c.  The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Purple Heart.

2.  The applicant contends he suffered a concussion because of mortar fire; however, he provides no evidence of this.  Instead, he provides evidence he suffered hearing degradation as a result of his job as an artillery crewman in a 155mm howitzer battery.

3.  Evidence shows the applicant’s records contain an administrative error which does not require action by the Board.  Therefore, an administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.  He is entitled to have certain awards entered on his WD AGO Form 53-55.  The American Campaign Medal and the World War II Victory Medal should be added to his discharge document.

4.  The Board wants the applicant and all others concerned to know that this action 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.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  __X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show the American Campaign Medal and the World War II Victory Medal on his WD AGO Form 53-55.




      _______ _ 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)                                         AR20090020449



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ABCMR Record of Proceedings (cont)                                         AR20090020449



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