IN THE CASE OF:	  

		BOARD DATE:	  23 November 2010

		DOCKET NUMBER:  AR20100013627 


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 and an additional battle star [currently known as a bronze service star].

2.  He states these awards are not reflected on his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge).  He also states on 13 July 1945 he was involved in a train wreck between Bruchsal and Weingarten, Germany.  The attached letter from Headquarters, 20th Armored Division, Camp Hood, TX, states that he may be entitled to award of the Purple Heart.  He was recently notified that his unit was awarded an additional battle star; however, he had already been discharged.  He served his country honorably overseas during a time of war.  If he is not entitled to an award due to his injuries he feels it would be an injustice not to be presented with an award that he earned.

3.  He provides:

* WD AGO Form 53-55
* Letter from Headquarters, 20th Armored Division, Camp Hood
* Information on the 20th Armored Division

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 his records were lost or destroyed in that fire.  However, a reconstructed record contains sufficient documentation and evidence provided by the applicant 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 on 4 March 1943 and entered active duty on 11 March 1943.  He completed training and served in military occupational specialties 761 (Scout), 055 (General Clerk), and 502 (Administrative Noncommissioned Officer).  He served overseas in the European Theater of Operations (ETO) from 18 February 1945 to 8 April 1946, with the 78th Quartermaster Company, Car Platoon, as acting first sergeant with the platoon. 

4.  He was honorably discharged from active duty, in the rank of sergeant, on 24 April 1946, for the Convenience of the Government - Demobilization, and transferred to the Enlisted Reserve Corps. 

5.  Item 31 (Military Qualification and Date) of his WD AGO Form 53-55 listed the Combat Infantryman Badge.  Item 32 (Battle and Campaigns) shows he participated in the Central Europe campaign.  Item 33 (Decorations and Citations) lists the following awards:  the American Campaign Medal, European-African-Middle Eastern Theater Ribbon, Good Conduct Medal, and World War II Victory Medal.  Item 55 (Remarks) lists the Honorable Service Lapel Button.

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.  He provided a letter from Headquarters, 20th Armored Division, Camp Hood, dated 30 March 1946, wherein he was advised that information received at headquarters indicated personnel of the 20th Armored Division who were injured in the train wreck which occurred between Bruchsal and Weingarten, Germany, on 13 July 1945 while enroute to the staging area for redeployment may be entitled to award of the Purple Heart upon presentation of properly executed certificates.  The letter also advised that he was one of those injured in that wreck and to complete the enclosed approved form of affidavit and return it at the earliest possible date.  The letter further advised every effort would be made to secure the award for him and the form must be sworn before a notary.  He did not provide a copy of a completed and notarized affidavit.

9.  Army Regulation 600-8-22 (Military Awards), then in effect, specified 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.  

10.  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.

11.  Army Regulation 600-8-22 further specified the Bronze Star Medal was awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal was 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 Combat Infantryman Badge or the Combat Medical Badge was considered to be a citation in orders.  That meant, in effect, the Bronze Star Medal was to be awarded to individuals who were authorized either badge for service during World War II.

12.  Army Regulation 600-8-22 also provided for award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955.  Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) dated 6 July 1961, shows the applicant served    during the Rhineland (15 September 1944 to 21 March 1945) and Central Europe (22 March to 11 May 1945) campaigns.  His unit was also awarded occupation credit for the occupation of Germany from 2 May to 27 December 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that a letter from Headquarters, 20th Armored Division, stating he was injured in a train wreck in Germany on 13 July 1945 should be used as a basis for award of the Purple Heart has been carefully considered.  In addition, there is no available evidence to show he was injured while in action against the enemy or as a result of hostile action, and his injuries were treated by medical authorities, and were made a matter of official record.  Regrettably, without evidence that he was treated for wounds received as a direct result of enemy action and that the treatment was made a matter of official record, the applicant does not meet the regulatory requirement for award of the Purple Heart.  Therefore, he is not entitled to award of the Purple Heart and to have this award added to his WD AGO Form 53-55.

2.  The available evidence confirms he participated in the Rhineland and Central Europe campaigns during World War II.  Therefore, he is entitled to the addition of two bronze service stars for wear on his already-awarded European-African-Middle Eastern Campaign Medal.  He was also was a member of the 78th Quartermaster Company when it was cited for award of the Army of Occupation Medal with Germany Clasp.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show these awards.

3.  The available evidence also confirms he was awarded the Combat Infantryman Badge; therefore, based on regulatory guidance, he is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his records to show this award.

4.  In view of the foregoing, his records should be corrected as recommended below.

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.  deleting from item 32 of his WD AGO Form 53-55 the European-African-Middle Eastern Theater Campaign Ribbon;

	b.  awarding the applicant the Bronze Star Medal based on award of the Combat Infantryman Badge;

	c.  adding to Item 33 of his WD AGO Form 53-55 the Bronze Star Medal, European-African-Middle Eastern Campaign Medal with two bronze service stars, and Army of Occupation Medal with Germany Clasp; 

	d.  adding to item 32 of his WD GO Form 53-55 the Rhineland campaign; and

	e.  providing him a corrected document that includes these changes.

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 and its addition to his WD AGO Form 53-55.



      _______ _   _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)                                         AR20100013627





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ABCMR Record of Proceedings (cont)                                         AR20100013627



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