IN THE CASE OF:	  

		BOARD DATE:	  20 July 2010

		DOCKET NUMBER:  AR20100006867 


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 that his deceased father, a former service member (FSM), be awarded the Purple Heart.

2.  The applicant states based on his father's discharge document, he was wounded in the European theater on 23 March 1945.

3.  The applicant provides copies of:

* his birth certificate
* his father's death certificate
* his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge)

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 FSM'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 FSM's records were lost or destroyed in that fire.  The only record available to this Board is the FSM'S WD AGO Form 53-55 provided by the applicant.  This record is sufficient for the Board to conduct a fair and impartial review of this case.

3.  The FSM was inducted into and entered active service in the Army of the United States on 27 March 1942.  He was awarded the military occupational specialty of armorer (511).

4.  The FSM arrived in the European theater of operations (ETO) on 28 February 1944.  He departed the ETO on 5 August 1945 and returned to the United States on 14 August 1945.

5.  On 13 October 1945, the FSM was discharged.  He had completed 3 years, 6 months, and 17 days of active service that was characterized as honorable.  His WD AGO Form 53-55 contains the following information:

	a.  item 6 (Organization) - Headquarters Company, 44th Armored Infantry Battalion, 6th Armored Division;

	b.  item 31 (Military Qualification and Date) - Combat Infantryman Badge;

	c.  item 32 (Battles and Campaigns) - Normandy, Northern France, Rhineland, Ardennes, and Central Europe;

	d.  item 33 (Decorations and Citations) - Good Conduct Medal;

	e.  item 34 (Wounds Received in Action) – 23 March 1945, European theater; and

	f.  item 55 (Remarks) - European-African-Middle Eastern Campaign Medal.

6.  Army Regulation 600-45 (Decorations), then in effect, which governed the award of Army decorations until 23 August 1951, stated the Purple Heart was awarded to citizens of the United States serving with the Army who are wounded in action against an enemy of the United States or as a direct result of an act of such enemy, provided such wound necessitated treatment by a medical officer.

7.  Technical Manual 12-235 (Discharge Procedures and Preparation of Separation Forms), in effect at the time, provided in paragraph 24, that item 6 of the WD AGO Form 53-55 be completed as follows:  "Enter the last unit or similar element to which he was assigned, rather than the element of which he was a part while moving to a separation activity.  Assignments to units for the purpose of transfer from a theater to the United States are considered part of the movement to a separation activity."

8.  Army Regulation 600-8-22 (Military Awards) states 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.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.  This provision did not go into effect until 10 September 1947.

9.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B.  A silver service star is worn instead of five bronze service stars.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the European-African-Middle Eastern Campaign Medal.

10.  Army Regulation 600-8-22 provides for award of the World War II Victory Medal.  It is awarded for service from 7 December 1941 through 31 December 1946.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II.  This pamphlet shows the 44th Armored Infantry Battalion, 6th Armored Division, received occupation credit from 20 May 1945-30 September 1945 in Germany.

12.  Army Regulation 600-8-22 provides that the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary, or detached duty are precluded from eligibility.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his father should have been awarded the Purple Heart.

2.  The FSM's WD AGO Form 53-55 shows he was wounded on 23 March 1945 in the ETO.  Therefore, he is entitled to the award of the Purple Heart.

3.  The FSM's WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge.  He was discharged prior to the provision that authorized award of the Bronze Star Medal based on award of the Combat Infantryman Badge.  Therefore, he is entitled to award of the Bronze Star Medal based on his award of the Combat Infantryman Badge.

4.  The FSM's WD AGO Form 53-55 shows he participated in five campaigns during World War II.  Therefore, he is authorized one silver service star to be worn on his European-African-Middle Eastern Campaign Medal.

5.  The FSM's WD AGO Form 53-55 lists his organization as the 44th Armored Infantry Battalion, 6th Armored Division.  His WD AGO Form 53-55 shows he earned the European-African-Middle Eastern Campaign Medal prior to 9 May 1945.  Based on the date he departed the ETO, it is reasonable to conclude he was assigned to the 44th Armored Infantry Battalion, 6th Armored Division, for 30 consecutive days during the period the unit earned occupation credit.  Therefore, the FSM is authorized the Army of Occupation Medal with Germany Clasp.

6.  Based on the FSM's period of service he is authorized the World War II Victory Medal.

BOARD VOTE:

____x____  ____x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 FSM be corrected by awarding him the Purple Heart and the Bronze Star Medal.

2.  In addition, the Board recommends that item 33 of the FSM's WD AGO 
Form 53-55 be amended to show he was awarded or is authorized the:

* Bronze Star Medal
* Purple Heart
* Army of Occupation Medal with Germany Clasp
* European-African-Middle Eastern Campaign Medal with one silver service star
* World War II Victory Medal



      _____________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)                                         AR20100006867



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ABCMR Record of Proceedings (cont)                                         AR20100006867



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