IN THE CASE OF:	  

		BOARD DATE:	  19 October 2010

		DOCKET NUMBER:  AR20100012382 


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 award of the Purple Heart.

2.  He states he was wounded in action and his discharge indicates he was not.  He sustained severe injuries during the war, especially when his jeep blew up.  

3.  He provides copies of the following:

* His WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge). 
* His WD AGO Form 100 (Separation Qualification Record)
* His Honorable Discharge Certificate and Certificate of Military Service
* A Department of Veterans Administration Certificate of Eligibility for Loan Guaranty Benefits
* A letter from the National Personnel Records Center (NPRC) to his counsel (daughter) and her reply
* His letter to the NPRC
* Email correspondence from the National Archives and Records Administration
* A Medical Certificate

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel, the applicant's daughter, provides no requests or statement, and provides no addition documentation in support of his 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 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 his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record and documentation submitted by him for the Board to conduct a fair and impartial review of this case.  

3.  His available military records show he was inducted into the Army of the United States and entered active duty on 15 May 1943.  He completed training in military occupational specialty 320, interpreter.  He served overseas in the European Theater of Operations (ETO) from 20 May 1944 to 20 March 1946, with the Counter Intelligence Corps, Detachment 546th, European Theater Force, during four campaigns. 

4.  He was honorably discharged from active duty, in the rank of corporal, on 23 March 1946, for the Convenience of the Government - Demobilization. 

5.  Item 31 (Military Qualification and Date) of his WD AGO Form 53-55 contains the entry "None."  Item 33 (Decorations and Citations) lists the following awards: the American Theater Service Medal and European-African-Middle Eastern Theater Ribbon.   Item 55 (Remarks) lists the Honorable Service Lapel Button and three overseas service bars.

6.  Item 34 (Wounds Received in Action) of the WD AGO Form 53-55 shows the entry "None" to indicate he was not wounded while he served in the ETO.  



7.  There are no orders in his available records that show he was awarded the Purple Heart.  

8.  His available records contain a hospitalization file listing (pages 215, microfiche 174), created by The Office of The Surgeon General (OTSG) and hospital admission cards for the year 1944 which shows he was diagnosed with acute nasopharyngitis.  He was placed on quarters for 2 days.

9.  His available records also contain a hospitalization file listing (pages 97, microfiche 252), created by OTSG and hospital admission cards for the year 1945 which shows while serving in the ETO he was diagnosed with a concussion and a wound to his arm on 15 January 1945 as a result of automobile (jeep) accident.  The injury was identified as a non-battle and he was hospitalized for 24 days.  The card also shows he was diagnosed with multiple wounds to the head and thorax and psychoneurosis (reactive depression) on 14 February 1945.  The injuries were identified as battle casualty and he was hospitalized for 26 days.

10.  He provided a copy of a Medical Certificate, dated 20 August 2003.  The certificate stated he suffered from pain and discomfort in the cervical spine and base of the skull as a result of a post-traumatic arthritis of the whole cervical spine.  The condition was due to a trauma suffered during World War II and the symptomatology became worse during the following years due to the creation of post-traumatic arthritis of the cervical spine. 

11.  Army Regulation 600-8-22 (Military Awards), then in effect, specifies the Purple Heart was awarded for a wound sustained while in action against the enemy or as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must had required treatment, and the medical treatment must had been made a matter of official record.  

12.  Army Regulation 600-8-22 also authorized a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.

13.  Army Regulation 600-8-22 further authorized award of the World War II Victory Medal for service between 7 December 1941 and 31 December 1946, both dates inclusive.



DISCUSSION AND CONCLUSIONS:

1.  Available records show the applicant sustained multiple wounds to the head and thorax as a result of battle casualty on 14 February 1945 during World War II.  His wounds and injuries were treated by medical authorities and were made a matter of official record.  Therefore, he is entitled to award of the Purple Heart and to have this award added to his WD AGO Form 53-55.

2.  The evidence of record also shows he is entitled to award of the World War II Victory Medal and four bronze service stars to be worn on his European-African-Middle Eastern Campaign Medal.  As a result, it would also be appropriate to add these awards to his record at this time. 

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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 be corrected by:

   a.  awarding the applicant the Purple Heart for wounds received in action as a result of enemy action on 14 February 1945 during World War II; 
   
   b.  adding to his separation document the Purple Heart, World War II Victory Medal and four bronze service stars to be worn on his European-African-Middle Eastern Campaign Medal; and 
   
   
   
   
   c.  providing him a corrected separation document that includes these awards.
   
   
   

      _______ _   _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)                                         AR20100012382



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ABCMR Record of Proceedings (cont)                                         AR20100012382



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