IN THE CASE OF:	  

		BOARD DATE:	  31 August 2010

		DOCKET NUMBER:  AR20100008571 


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 WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) to show:

   a.  five awards of the Purple Heart;
   
   b.  his Army Serial Number as # # 345 # # # on the reverse side of the form; and
   
   c.  his separation date on the face side of the form is 1 July 1945. 

2.  The applicant states he is authorized five Purple Hearts that are not listed on his WD AGO Form 53-55.  He also contends his correct Army Serial Number is
# # 345 # # #.

3.  The applicant provides, in support of his application, copies of his WD AGO Form 53-55 and a letter from the Military Awards Branch, U.S. Army Human Resources Command (HRC), dated 26 June 2006, with five certificates showing award of the Purple Heart.

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 for the Board to conduct a fair and impartial review of this case.

3.  The applicant’s WD AGO Form 53-55 shows the following:

   a.  the face side shows his Army Serial Number as # # 395 # # #; and a separation date of 1 June 1945;
      
   b.  the reverse side Item 2 shows his Army Serial Number as # # 345 # # #; and Item 7 shows his separation date as 1 July 1945;
      
   c.  Item 31 (Military Qualifications) on the reverse side shows he was awarded the Combat Infantryman Badge;
      
   d.  Item 33 (Decorations and Citations) shows the Bronze Star Medal and Item 55 (Remarks) shows he was awarded the Bronze Star Medal with one Oak Leaf Cluster; and 
      
   e.  Item 55 also shows the Purple Heart with Oak Leaf Cluster.
      
4.  On 26 June 2006, the Chief, Military Awards Branch, HRC, informed the applicant that he was entitled to award of the Purple Heart with four Oak Leaf Clusters to represent the five times he was wounded as a result of enemy action.  Included with this letter were five award certificates.

5.  Department of the Army Technical Manual 12-235 (Enlisted Personnel Discharge Procedures and Preparation of Separation Forms), in effect at the time, provided that Item 2 of the WD AGO Form 53-55 was to show the Army Serial Number.



6.  Army Regulation 600-8-22 (Military Awards) 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.

7.  A Veterans Identification Data sheet, dated 14 August 2007, shows the applicant's Army serial number as # # 345 # # #. 

8.  An NPRC cover sheet identifies the applicant by name and shows his Army Serial Number as # # 345 # # #.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his WD AGO Form 53-55 should be corrected to show award of five Purple Hearts, his Army Serial Number should be corrected on the face side of the form and his date of discharge should be corrected on the reverse side of the form.

2.  The applicant's Army Serial Number is incorrectly shown on the reverse side of his WD AGO Form 53-55, it should be corrected to show Army Serial Number of # # 345 # # #.  His separation date is accurately shown on the face side of the form.

3.  The applicant's Army Serial Number is correctly entered on the reverse side of the applicant's WD AGO Form 53-55 as 1 July 1945.  However, the separation date is incorrectly shown on the face side, therefore, it should be corrected to reflect the reverse side of the form.

4.  The available evidence clearly shows the applicant was awarded the Purple Heart with four Oak Leaf Clusters.  The current entries on the applicant's WD AGO Form 53-55 are confusing.  Therefore the entries should be deleted and replaced with a single entry showing the Purple Heart with four Oak Leaf Clusters.



5.  The available evidence shows the applicant was awarded the Combat Infantryman Badge during World War II.  Accordingly, he is also entitled to award of the Bronze Star Medal. Therefore he should be awarded a second Oak Leaf Cluster to be affixed to his already-awarded Bronze Star Medal.

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, in particular the WD AGO Form 53-55, be corrected by:

	a.  deleting from the reverse side of the WD AGO Form 53-55 the current Army Serial Number and adding # # 345 # # #;

	b.  deleting the separation date on the face side of the WD AGO Form 53-55 and adding 1 July 1945;

	c.  deleting from the applicant's WD AGO Form 53-55 all entries pertaining to award of the Purple Heart and the Bronze Star Medal with Oak Leaf Cluster; and 

   d.  adding to the WD AGO Form 53-55 the Purple Heart with four Oak Leaf Clusters and the Bronze Star Medal with two Oak Leaf Clusters. 




      _______ _   _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)                                         AR20100008571



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)