IN THE CASE OF:	  

		BOARD DATE:	  17 August 2010

		DOCKET NUMBER:  AR20100008732 


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 Enlisted Record to show he was wounded in action on 11 August 1943 and awarded the Purple Heart.

2.  The applicant states he was wounded in action on 11 August 1943, but his Enlisted Record does not show award of the Purple Heart under the section titled "Decorations, service medals, and citations."  A correction was made on 31 May 1945 by the War Department to list the Purple Heart on his Honorable Discharge Certificate; however, the Enlisted Record does not reflect the Purple Heart or the wounds he suffered on 11 August 1943.  He just wants his Enlisted Record to show the true nature of his service.

3.  The applicant provides a copy of his Enlisted Record and a copy of his WD AGO Form 55 (Honorable Discharge Certificate).

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.  His Enlisted Record shows he was inducted into the Army of the United States on 17 February 1942 at Fort Dix, NJ.  This form also shows at the time of his discharge he held military occupational specialty 4309 (Telephone and Switchboard Operator) and was assigned to Headquarters Company, 3rd Chemical Battalion.

4.  His Enlisted Record shows he served in the European-African-Middle Eastern theater of operations from 29 April 1943 to 24 October 1943.  He completed 1 year, 9 months, and 17 days of creditable active service, of which 1 year, 3 months, and 21 days were continental service and 5 months and 26 days were foreign service.

5.  He was honorably discharged on 3 December 1943 in the rank of private with a Certificate of Disability for Discharge at Ashford General Hospital, WV.  His Enlisted Records also shows the following entries:

* Military qualifications:  Qualified in Bayonet, 14 March 1942 
* Decorations, service medals, citations:  None
* Wounds received in service:  None
* Character:  Very Good
* Remarks:  Soldier entitled to travel pay.  No time lost under Articles of War 107

6.  His Honorable Discharge Certificate given at Ashford General Hospital on 3 December 1943 contains the following entry signed by the Adjutant General:

War Dept., A.G.O., 31 May 1945
The records show this Soldier was awarded the Purple Heart for wounds received in action on 11 Aug 43.  So much of this certificate as shows no wounds received in service is erroneous.

7.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

	b.  The World War II Victory Medal was established by an Act of Congress on 6 July 1945.  It was awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

	c.  The European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern theater between 7 December 1941 and 8 November 1945.  The regulation also authorizes a bronze service star based on qualifying service for each campaign listed in appendix B or listed on a member's WD AGO Form 53-55 (Enlisted Record and Report of Separation).  Authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.

	d.  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.

8.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, completed 1 year of continuous active Federal military service while the United States was at war.  The Army Good Conduct Medal was referred to at times as the Good Conduct Ribbon.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his Enlisted Record should be corrected to show he was wounded in action and awarded the Purple Heart.

2.  The evidence of record shows he was wounded in action on 11 August 1943 and he was awarded the Purple Heart as shown on his Honorable Discharge Certificate.  It appears his Enlisted Record erroneously omitted his combat wound and award of the Purple Heart.  Therefore, he is entitled to correction of his Enlisted Record to show he was wounded in action on 11 August 1943 and was awarded the Purple Heart.

3.  The evidence of record shows he served a qualifying period for award of the World War II Victory Medal and the American Campaign Medal.  Therefore, he is entitled to award of the World War II Victory Medal and the American Campaign Medal and correction of his Enlisted Record to show both awards.

4.  The evidence of record shows he served in the European-African-Middle Eastern theater of operations from 29 April 1943 to 24 October 1943 and participated in at least one campaign.  Therefore, he is entitled to award of the European-African-Middle Eastern Campaign Medal with one bronze service star and correction of his Enlisted Record to show this award.

5.  The evidence of record shows he honorably served for a period of 1 year, 9 months, and 17 days from 17 February 1942 through 3 December 1943.  He served in combat in Europe and was awarded the Purple Heart and he received a very good character rating.  Lacking any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal, it would be appropriate to award him the Army Good Conduct Medal and correct his Enlisted Record to show this award.

BOARD VOTE:

__X____  __X_____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (First Award) for exemplary behavior, efficiency, and fidelity from 17 February 1942 through 3 December 1943;

	b.  adding to the "Decorations, service medals, and citations" section of his Enlisted Record the Army Good Conduct Medal (First Award), the Purple Heart, the World War II Victory Medal, the American Campaign Medal, and the European-African-Middle Eastern Campaign Medal with one bronze service star; and 

	c.  adding to the "Wounds received in service" section of his Enlisted Record the entry "Wounded in action, 11 August 1943, European Theater."



      _______ _   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)                                         AR20100008732



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ABCMR Record of Proceedings (cont)                                         AR20100008732



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