IN THE CASE OF:	  

		BOARD DATE:	  22 June 2010

		DOCKET NUMBER:  AR20090020549 


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 and Prisoner of War Medal.

2.  The applicant states he served during World War II in the European theater of operations (ETO), was wounded in action on 7 August 1944, and was taken prisoner of war (POW) following the incident.

3.  The applicant provides copies of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), Medical Department Form 55 O-2 (Operation Report), Department of Veterans Affairs (VA) 
Form 8-564 (Rating Sheet), and a letter from the National Personnel Records Center (NPRC).

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 service records are not available to the Board for review.  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, 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 enlisted in the Maryland Army National Guard on 5 February 1941 and entered active duty in the Army of the United States on 24 February 1941.

4.  The applicant's WDAGO Form 53-55 shows he was honorably discharged on 7 October 1945.  It also shows he completed 3 years, 5 months, and 14 days of continental service; 1 year, 1 month, and 23 days of foreign service; and 4 years, 7 months, and 28 days of longevity for pay purposes.

	a.  Item 30 (Military Occupational Specialty and Number) shows the entry "Auto Mechanic, 014."

	b.  Item 31 (Military Qualification and Date) shows the entry "None."

	c.  Item 32 (Battles and Campaigns) shows the Normandy, Northern France, and Central Europe campaigns.

	d.  Item 33 (Decorations and Citations) shows the Army Good Conduct Medal, American Defense Service Medal, and European-African-Middle Eastern Campaign Medal with three bronze service stars.

	e.  Item 34 (Wounds Received in Action) shows the entry "7 Aug 44 ETO."

	f.  Item 36 (Service Outside Continental United States and Return) shows he departed the United States on 7 April 1944, arrived in the ETO on 11 April 1944, departed the ETO on 20 May 1945, and arrived in the United States on 29 May 1945.

5.  A Western Union telegram, dated 25 August 1944, shows The Adjutant General of the Army notified the applicant's mother that her son had been reported missing in action in France since 7 August 1944.

6.  A Western Union telegram, dated 19 November 1944, shows The Adjutant General of the Army notified the applicant's mother that her son was a POW of the German Government.

7.  A Western Union telegram, dated 23 May 1945, shows The Adjutant General of the Army notified the applicant's mother that her son returned to military control on 29 April 1945.

8.  A review of the National Archives and Records Administration, World War II Prisoners of War Data File, 7 December 1941-19 November 1946, shows the applicant had been a POW of the German Government and was returned to military control.

9.  A DD Form 2510 (Prisoner of War Medal Application/Information), date-stamped 25 May 1988, shows the applicant confirmed he had been assigned to the 823rd Tank Destroyer Company when taken POW on 7 August 1944.  He was confined at Mooseburg, Germany, and released on 29 April 1945.

10.  A DA Form 1577 (Authorization for Issuance of Awards), dated 3 June 1988, shows the applicant was authorized the POW Medal.

11.  NPRC letter, dated 6 December 1988, shows the applicant was authorized the POW Medal, Army Good Conduct Medal, American Defense Service Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal with three bronze service stars, World War II Victory Medal, and Honorable Service Lapel Button (World War II).  This document also shows the NPRC was unable to verify the applicant's entitlement to the Purple Heart.

12.  There is no evidence in the available military service records that shows the applicant was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty).

13.  There is no evidence in the available military service records that shows the applicant was awarded the Purple Heart.

14.  In support of his application, the applicant provides the following documents:

	a.  a Medical Department Form 55 O-2, dated 21 September 1945, that shows a foreign body (i.e., .30-caliber rifle bullet) was removed from the applicant's left buttock by a medical doctor at the U.S. Army General Hospital, Camp Edwards, MA.

	b.  a VA Form 8-564, dated 17 June 1949, that states "[s]ervice records reveal that [applicant] suffered a penetrating gun shot wound in medial left thigh on 8-7-44 [7 August 1944], the bullet lodging in the muscles of the left buttock.  [Applicant] was captured by the Germans immediately following the injury."

15.  A review of the applicant's available records reveals he may be authorized additional awards that are not shown in his military service records.

16.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, lists the awards received by units and campaign participation of units serving in World War II.  This pamphlet shows that at the time of the applicant's assignment to the 823rd Tank Battalion (Destroyer), his company was:

	a.  cited for award of the Presidential Unit Citation (formerly known as the Distinguished Unit Citation) for actions during the period 6-12 August 1944 by Headquarters, Department of the Army (HQDA), General Orders 91, dated 1944; and

	b.  cited for award of the French Croix de Guerre for actions during the period 6-12 August 1944 by HQDA, General Orders 43, dated 1950.

17.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Purple Heart is awarded to any member who has been wounded or killed in action.

		(1)  A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  In order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

		(2)  For those Soldiers who became POW's during World War II, the Korean War, and after 25 April 1962, the Purple Heart will be awarded to individuals wounded while prisoners of foreign forces, upon submission by the individual to HQDA of an affidavit that is supported by a statement from a witness, if this is possible.

	b.  The American 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 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 service within the continental United States for an aggregate period of 1 year.

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

	d.  The French Fourragere may be awarded by the French Government when a unit has been cited twice for award of the French Croix de Guerre.  When a unit is cited twice for the Croix de Guerre, the colors of the fourragere are red and green.  When a unit is cited four times, the colors of the fourragere are yellow and green.  Award of the fourragere is not automatic and requires a decree by the French Government.  Persons who were only in one action are not authorized to wear the fourragere.  When a unit was cited only one time for award of the French Croix de Guerre, there was no individual device, medal, or ribbon authorized for wear by members of the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show award of the Purple Heart and POW Medal because he was wounded in action on 7 August 1944 and then taken POW by the German Government at that time.

2.  Records show the applicant was wounded in action on 7 August 1944 in the ETO.  Therefore, it would be appropriate to approve award of the Purple Heart and correct the applicant's records to show this award.

3.  Records show the applicant was in a POW status from 7 August 1944 until 29 April 1945 when he was returned to military control.  Records also show the NPRC authorized the applicant the POW Medal; however, his discharge document was not corrected to show the award.  Therefore, it would be appropriate to correct his records to show this award.

4.  Records show the NPRC authorized the applicant the American Campaign Medal for his service in the American theater between 7 December 1941 and 6 April 1944.  However, his discharge document was not corrected to show the award.  Therefore, it would be appropriate to correct his records to show this award.

5.  Records show the NPRC authorized the applicant the World War II Victory Medal for his service during World War II from 7 December 1941 to 7 October 1945.  However, his discharge document was not corrected to show the award.  Therefore, it would be appropriate to correct his records to show this award.

6.  General orders awarded the applicant's unit the Presidential Unit Citation.  Therefore, it would be appropriate to correct his records to show this unit award.

7.  General orders awarded the applicant's unit the French Croix de Guerre. Therefore, it would be appropriate to correct his records to show this unit award.

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 in the ETO on 7 August 1944; and

	b.  correcting his WD AGO Form 53-55 to add in:

		(1)  item 33 the Purple Heart, Prisoner of War Medal, American Campaign Medal, World War II Victory Medal, and Presidential Unit Citation (Army); and



		(2)  item 55 (Remarks) the entry "French Croix de Guerre - Unit Citation - No Emblem Authorized."



      ____________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)                                         AR20090020549



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ABCMR Record of Proceedings (cont)                                         AR20090020549



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