IN THE CASE OF:	  

		BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100012171 


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, in effect, award of the Purple Heart and any other awards he may be entitled to.

2.  The applicant states, in effect, he is asking for award of the Purple Heart for wounds he received while in New Guinea during the fall of 1944 when a mortar round injured or killed most of his platoon.  He states in effect, that he was treated and ultimately evacuated to a stateside hospital.  He concludes by stating, in effect, that he remembers a sergeant putting his name on a list for the Purple Heart but he never asked for it until now because his daughter would like it for historical purposes.

3.  The applicant provides a self-authored statement in support of this application.

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 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 to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) shows the following:

* he was inducted into the Army of the United States on 27 February 1943
* entered active duty on 6 March 1943
* he held military occupational specialty (MOS) 7745 (Rifleman)
* he served in the Asiatic Pacific Theater of Operations from 31 May through 10 December 1944
* he was honorably discharged on 3 May 1945 after completing 2 years, 2 months, and 7 days of active military service

4.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows he participated in the New Guinea campaign.

5.  Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows the Good Conduct Medal and the Asiatic Pacific Theater Campaign Ribbon with Bronze Star.

6.  Item 34 (Wounds Received in Action) of the applicant's 53-55 shows "None."

7.  The applicant's available record contains War Department Forms 372A and 372B (Final Payment - Worksheet) that show he received combat infantry pay from 31 May 1944 through 3 May 1945.

8.  A Hospital Admission Card created by the Office of the Surgeon General, Department of the Army shows only one admission for the applicant.  This admission, which occurred in July 1944, was for illness, not for wounds received in action.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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 a medical officer, and the medical treatment must have been made a matter of official record.
10.  War Department Circular 269-1943 established the Combat Infantryman Badge (CIB) and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The CIB was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental, or smaller size.  Additionally, World War II (WWII) holders of the CIB received a monthly pay supplement known as combat infantry pay.  Therefore, Soldiers had economic as well as intangible reasons to ensure that their records were correct. Thus, pay records are frequently the best available source to verify entitlement to this award.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the BSM 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 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 WWII.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the WWII Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

13.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

14.  Army Regulation 600-8-22 (Military Awards) states 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 one year.



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served a qualifying period of service in a qualifying infantry unit of brigade, regimental, or smaller size during this period as evidenced by his receipt of combat infantry pay, which is sufficient evidence for award of the CIB.  Therefore, he is entitled to correction of his records to show this badge.

2.  Records show the applicant served a qualifying period of service for award of the BSM based upon award of the CIB.  Therefore, he is entitled to correction of his records to show this medal.

3.  The evidence also shows the applicant is entitled to the WWII Victory Medal and the American Campaign Medal.

4.  Regrettably, there is no evidence of record and the applicant provides none to show he was awarded the Purple Heart or was wounded as a result of hostile action.  Therefore, there is insufficient evidence on which to base correcting his records to show award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 by:

	a.  awarding the applicant the CIB and the BSM based on award of the CIB; and

	b.  adding to the applicant's WD AGO Form 53-55 the CIB, BSM, American Campaign Medal and WWII Victory Medal.

2.  The Board further determined that 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 award of the Purple Heart.



      ____________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)                                         AR20100012171



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1