IN THE CASE OF:	  

		BOARD DATE:	  19 October 2010

		DOCKET NUMBER:  AR20100012125 


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 service records to show award of the Purple Heart, the Prisoner of War (POW) Medal, and the Distinguished Unit Citation [currently known as the Presidential Unit Citation].

2.  The applicant states, in effect, that his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) for the period ending 25 November 1945 does not show all the awards to which he is entitled.  The applicant states he was wounded in the leg on 29 January 1944 after the invasion at Anzio, Italy, while assigned to the 3rd Ranger Battalion.  During the course of an intense battle with German forces, the 3rd Ranger Battalion was overrun and captured on 30 January 1944.  The applicant was taken prisoner and transported to a POW camp in Prussia.  The applicant states that he had an open wound for 16 months and was not given proper treatment until his POW camp was liberated by the U.S. Army.

3.  The applicant provides:

* WD AGO Form 53-55
* Headquarters, 5th Army, General Orders Number 58, dated 10 April 1944
* WD AGO Form 100 (Separation Qualification Record), dated 25 November 1945
* Honorable Discharge Certificate, dated 25 November 1945
* DA Form 1577 (Authorization for Issuance of Awards), dated 31 July 1997
* Department of Veterans Affairs (DVA) Rating Decision, dated 16 April 2001
* National Archives and Records Administration (NARA) World War II POW Data File extract

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, this case is being considered using reconstructed records which primarily consist of his WD AGO Form 53-55, a NARA World War II POW Data File extract, and a DVA Rating Decision.

3.  The applicant's WD AGO Form 53-55 for the period ending 25 November 1945 shows he was inducted into the Army of the United States on 24 April 1943 and entered active service on 1 May 1943.  On 4 October 1943, he departed the United States for duty in the European theater of operations.  He arrived in the European theater of operations on 21 October 1943.

4.  The applicant departed the European theater of operations on 2 May 1945.  He was honorably discharged on 25 November 1945.

5.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Campaign Medal with two bronze service stars, the Victory Medal, the Army Good Conduct Medal, and three overseas service bars.  Item 6 (Organization) shows the entry "1612th Service Command Unit, POW Camp."  Item 32 (Battles and Campaigns) shows applicant participated in the Naples-Foggia and the Rome-Arno campaigns.  Item 34 (Wounds Received in Action) shows the entry "None."

6.  There are no general orders that show the applicant was awarded the Purple Heart.  There also is no evidence that shows he was wounded or treated for wounds as a result of hostile action in Italy.

7.  The DVA Rating Decision, dated 16 April 2001, shows the applicant received a 10 percent service-connected disability for his right lower extremity.  The rating decision further shows the applicant indicated that he received an injury to his right leg that went untreated while he was a POW.

8.  The NARA World War II POW Data File shows that on 30 January 1944, the applicant was reported as a POW while he was assigned to the 3rd Ranger Battalion in Italy.  The applicant was captured by German forces and it appears that he was returned to military control on or about 13 April 1945.  Although this data file shows he served with the 3rd Ranger Battalion while in Italy, it does not show the exact dates he served in the battalion.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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.  Army Regulation 600-8-22 provides for award of the POW Medal.  The regulation states that the POW Medal was authorized on 8 November 1985 and is awarded to individuals who were taken prisoner or held captive in past armed conflicts.

11.  Army Regulation 635-5 (Separations Document) establishes the standardized policy for preparing and distributing discharge documents.  It directs that, in the case of POW's, the unit of assignment, country, and dates of capture and release will be entered in the "Remarks" section of the discharge document.

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards and campaign participation credit received by units serving during World War II.  This pamphlet shows the 3rd Ranger Battalion was awarded the Distinguished Unit Citation [Presidential Unit Citation] for the period 10 September 1943 through 18 September 1943.

13.  Department of the Army Pamphlet 672-1 shows the 1612th Service Command Unit, POW Camp, Fort Sheridan, Illinois, was awarded the Meritorious Unit Commendation for the period 1 June 1945 through 30 November 1945.

14.  Army Regulation 600-8-22 provides for the arrowhead device to be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  The regulation specifies that individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The regulation requires that the unit must be credited with a combat assault in order for the Soldiers to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The regulation also specifies that the arrowhead is authorized for wear on the European-African-Middle Eastern Campaign Medal.

15.  Department of the Army Pamphlet 672-1 shows that the 3rd Ranger Battalion received assault landing credit for Anzio, Italy, for the period 
22-23 January 1944.

DISCUSSION AND CONCLUSIONS:

1.  The NARA World War II POW Data File shows the applicant was captured by German forces and became a POW while assigned to the 3rd Ranger Battalion in Italy.  He was held captive for the period 30 January 1944 through on or about 13 April 1945.  Therefore, he met the eligibility criteria for award of the POW Medal.  This award should be added to his WD AGO Form 53-55.

2.  The evidence of record shows the 3rd Ranger Battalion received assault landing credit for Anzio, Italy, for the period 22-23 January 1944, 1 week prior to when the applicant became a POW.  Therefore, it is presumed that the applicant is eligible for assault landing credit.  His WD AGO Form 53-55 should be amended to add the arrowhead to his European-African-Middle Eastern Campaign Medal.

3.  The evidence of record shows that after the applicant was returned to military control from being a POW he was assigned to the 1612th Service Command Unit, POW Camp, during a period of time the unit was awarded the Meritorious Unit Commendation.  This award should be added to his WD AGO Form 53-55.

4.  There is no evidence in his available service personnel records which conclusively shows he was treated for a leg injury incurred at Anzio.  The applicant provided a DVA Rating Decision that shows he was granted 10 percent service-connected disability for his right lower extremity.  Unfortunately, the DVA Rating Decision alone is not sufficient evidence to show he is authorized the Purple Heart.  Absent evidence which conclusively shows he sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is an insufficient basis for awarding him the Purple Heart in this case.

5.  The applicant contends that his WD AGO Form 53-55 should show award of the Presidential Unit Citation.  In accordance with Department of the Army Pamphlet 672-1 the 3rd Ranger Battalion was awarded the Presidential Unit Citation for the period 10 September 1943 through 18 September 1943.  However, the evidence of record shows the applicant arrived in the European theater of operations on 21 October 1943, after the period of the award.  Unfortunately, he is not eligible for the Presidential Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

	a.  by amending the applicant's WD AGO Form 53-55 in item 33 to add POW Medal, Meritorious Unit Commendation, and one arrowhead for wear on his already-awarded European-African-Middle Eastern Campaign Medal, and

	b.  by amending the applicant's WD AGO Form 53-55 in item 55 to add "PRISONER OF WAR–3RD RANGER BATTALION–ITALY–CAPTURED 30 JANUARY 1944–RELEASED 13 APRIL 1945."

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so 

much of the application that pertains to correcting the applicant's records to show he was awarded the Purple Heart and the Presidential Unit Citation.



      ___________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)                                         AR20100012125



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ABCMR Record of Proceedings (cont)                                         AR20100012125



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