IN THE CASE OF:	  

		BOARD DATE:	 2 November 2010 

		DOCKET NUMBER:  AR20100010461 


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 the record of her deceased father, a former service member (FSM), to show award of the Purple Heart.

2.  The applicant states the following:

	a.  A photograph of the FSM in uniform shows him wearing the Purple Heart ribbon and a newspaper clipping states he received the award.

	b.  The FSM limped due to shrapnel left in his knee.

	c.  The FSM served in the Army during World War II in North Africa and Italy with the 34th Infantry Division.  During the invasion of Anzio Beach in the Spring of 1944, he was wounded by mortar fire and hospitalized before being returned to duty.  He was subsequently awarded the Purple Heart for wounds received in battle.

	d.  The FSM died on 15 November 2009.  He received full military honors at his burial, but when the family applied to have his Purple Heart listed on his burial plaque, the cemetery pointed out the error on his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).  Without an accurate WD AGO Form 53-55, the cemetery will only list the FSM's rank and service, not his Purple Heart.

	e.  The applicant's mother is the FSM's surviving widow.  She has given the applicant power of attorney and the applicant is acting on her behalf.

3.  The applicant provides:

* a durable special power of attorney
* a copy of the FSM's WD AGO Form 53-55
* a Certificate of Death
* a photograph of the FSM
* an undated, unattributed newspaper clipping summarizing the FSM's World War II service

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 record is not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed the FSM's records were lost or destroyed in that fire.  This case is being considered using records provided by the applicant.

3.  The FSM's WD AGO Form 53-55 shows he entered active service in the Army of the United States on 27 April 1943.  On 21 October 1943 he arrived in the European theater of operations where he served until 26 November 1945.  He was honorably discharged on 11 December 1945 after completing 2 years, 7 months, and 15 days of active military service.  This form shows he was assigned to Service Company, 135th Infantry Regiment, 34th Infantry Division.

4.  The WD AGO Form 53-55 shows the FSM was awarded the Combat Infantryman Badge (CIB), European-African-Middle Eastern (EAME) Theater Ribbon with three bronze battle stars, Army Good Conduct Medal, and World War II Victory Medal.  It does not show award of the Purple Heart, nor does it show he received wounds in action.

5.  The Office of the Surgeon General files (commonly referred to as the SGO files), a health record research project, involved transposing hospital admission card data from the periods of World War II and the Korean Conflict onto magnetic tape.  In 1988, the National Research Council made these tape files available to the NPRC.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.  The best available estimation of the completeness of this project is that it captured at least 95 percent of all combat casualty hospital admissions.

6.  A review of hospital admission data in the SGO files did not reveal any records indicating the FSM received a shrapnel wound to his knee or that he was otherwise wounded as a result of enemy action.

7.  A sepia-toned photograph provided by the applicant shows a young Soldier wearing the CIB, a Purple Heart ribbon, and what appears to be the EAME Theater Ribbon with a silver service star.  The Soldier is wearing the unit insignia of the 135th Infantry Regiment on his lapels and garrison cap.  The Soldier is not identified in the photograph.  A cropped version identified as the FSM accompanies the newspaper clipping provided by the applicant.

8.  The newspaper clipping shows the FSM was entitled to wear the insignia for the Meritorious Service Unit Plaque (later renamed the Meritorious Unit Commendation (MUC)) and was awarded the Army Good Conduct Medal, Purple Heart, Combat Infantryman Badge, and five battle stars.

9.  Army Regulation 600-8-22 (Military Awards) states 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 by medical personnel, and the medical treatment must have been made a matter of official record.

10.  A review of the FSM's available records indicates entitlement to additional awards, decorations, and campaign credits that are not shown on his WD AGO Form 53-55.

11.  Army Regulation 600-8-22 states the Bronze Star Medal (BSM) is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM 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 CIB or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II.

12.  Item 32 (Battles and Campaigns) of the FSM's WD AGO Form 53-55 shows he participated in the Rome-Arno, North Apennines, and Po Valley campaigns.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the campaign periods and unit campaign participation credits for World War II.  The 135th Infantry Regiment received campaign participation credit for the following campaigns during the FSM's service with the unit:

* Anzio
* Naples-Foggia (Ground)
* North Apennines
* Po Valley
* Rome-Arno

14.  Army Regulation 600-8-22 states a bronze service star is authorized for wear on the EAME Campaign Medal based on qualifying service for each campaign listed in appendix B.  A silver service star is authorized in lieu of five bronze service stars.

15.  Department of the Army Pamphlet 672-1 also lists unit awards for World War II.  The Service Company, 135th Infantry Division, was awarded the MUC for the period 1 January 1944 to 30 June 1944 as announced in General Orders Number 19 issued by Headquarters, 34th Infantry Division, dated 21 January 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of the FSM's record to show award of the Purple Heart is supported by the evidence.

2.  A photograph shows the FSM wearing the Purple Heart ribbon and a newspaper clipping states he had received this award.  The evidence of record does not show he was wounded as a result of enemy action; however, there is no evidence indicating the photograph or the clipping are in error.  He is entitled to correction of his record to show award of the Purple Heart.

3.  The FSM was awarded the CIB which entitles him to award of the BSM.  He is entitled to correction of his record to show this award.

4.  The FSM served in five campaigns during his World War II service.  He is entitled to correction of his record to show he was awarded the EAME Campaign Medal with one silver service star.

5.  The FSM's unit was awarded the MUC.  He is entitled to correction of his 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 is 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 BSM based upon award of the Combat Infantryman Badge,

	b.  deleting from item 33 of his WD AGO Form 53-55 the EAME Theater Ribbon with three bronze battle stars,

	c.  adding to item 32 of his WD AGO Form 53-55 Anzio and Naples-Foggia (Ground), and

	d.  adding to item 33 of his WD AGO Form 53-55 the BSM, Purple Heart, EAME Campaign Medal with one silver service star, and MUC.



      ____________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)                                         AR20100010461



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100010461



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1