IN THE CASE OF:	  

		BOARD DATE:	 27 January 2011 

		DOCKET NUMBER:  AR20100015287 


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, the son of the former service member (FSM), requests that his father be awarded the Purple Heart for being wounded in combat on 16 December 1944 and correction of his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) for the period ending 23 June 1945 to show award of the Purple Heart and all awards and decorations earned.  In addition, he requests issuance of medals for all the awards and decorations to which his father is entitled.

2.  He states the National Personnel Records Center (NPRC) informed him that it has no record of his father being wounded in combat on 16 December 1944 or being awarded the Purple Heart.  He further states he obtained copies of his father's Department of Veterans Affairs medical records that confirm his father was wounded in action.  The applicant further states his father served his country with honor and pride and he feels it would be appropriate to have the awards he earned displayed so that his grandchildren and their children would be reminded of the sacrifice he made for his country.

3.  He provides:

* WD AGO Form 53-55
* Army of the United States Honorable Discharge Certificate, dated 23 June 1945
* European Theater of Operations U.S. Army Medical Department (ETOUSAMD) Form 319 (Disposition Board Proceedings Transfer of Patient to Zone of Interior), dated 22 March 1945
* WD AGO Form 40 (Certificate of Disability for Discharge), dated 23 June 1945
* Veterans Administration Adjudication Form 564 (Rating Sheet), dated 16 July 1945
* U.S. Army Medical Department documents with various dates in 1945
* Commonwealth of Pennsylvania Department of Health and Vital Records Certificate of Birth, dated 16 June 1989
* two Commonwealth of Pennsylvania Department of Health and Vital Records Certificates of Death, dated 27 September 1992 and 15 March 2002
* NPRC Certification of Military Service, dated 2 August 2002

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 records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the NRPC in 1973.  It is believed the FSM's records were lost or destroyed in that fire.  However, this case is being considered using reconstructed records which primarily consist of the FSM's WD AGO Form 53-55, WD AGO Form 40, and ETOUSAMD Form 319.

3.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 11 February 1943 and entered active duty on 18 February 1943.  On 11 April 1944, he departed the United States en route to the European-African-Middle Eastern (EAME) theater of operations.

4.  He arrived in the EAME theater of operations on 23 May 1944 and saw action with the 634th Anti-Aircraft Artillery Automatic Weapons Battalion.  He participated in the Ardennes-Alsace campaign and was wounded in combat by shrapnel to his head and upper body on 16 December 1944.

5.  An ETOUSAMD Form 319, dated 22 March 1945, shows a board of medical officers convened at Headquarters, 48th General Hospital, in the European theater of operations (ETO) and found the FSM unfit for duty due to his combat wounds.

6.  The FSM departed the EAME theater of operations on 25 March 1945 and arrived in the United States on 26 March 1945.  He was discharged with a Certificate of Disability for Discharge on 23 June 1945 after serving 2 years, 4 months, and 13 days on active duty, of which 1 year, 5 months, and 27 days were continental service and 10 months and 16 days were foreign service.

7.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows the entry "Not Available," item 33 (Decorations and Citations) shows the entry "Not Available," and item 34 (Wounds Received in Action) shows the entry "Not Available."

8.  A WD AGO Form 40, dated 23 June 1945, shows the FSM was wounded in combat on 16 December 1944 and treated for his wounds.

9.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards, the Army Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  The American Campaign Medal is awarded for aggregate service of 1 year within the continental United States during the qualifying period between 7 December 1941 and 2 March 1946.

	b.  The EAME Campaign Medal is authorized for qualifying service in the EAME theater of operations for the period 7 December 1941 to 8 November 1945.  Army Regulation 600-8-22 also authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the EAME Campaign Medal.

	c.  The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.


DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the FSM be awarded the Purple Heart and his WD AGO Form 53-55 be corrected to show award of the Purple Heart and all awards and decorations earned for his service in World War II.

2.  There are no orders in the FSM's service personnel records that show he was awarded the Purple Heart.  However, the applicant submitted a WD AGO Form 40 and an ETOUSAMD Form 319 that show the FSM was wounded in combat and treated for his wounds.  These documents are accepted as sufficient evidence to show the FSM was wounded as a result of hostile action and was treated for those wounds.  Therefore, the FSM is entitled to posthumous award of the Purple Heart for wounds sustained as a result of hostile action on 16 December 1944 and the FSM's WD AGO Form 53-55 should be amended to add the Purple Heart.

3.  The FSM's WD AGO Form 53-55 does not show all of the awards and decorations to which he is entitled by virtue of his service.  His WD AGO 
Form 53-55 should be corrected to show award of the American Campaign Medal, EAME Campaign Medal with one bronze service star, and World War II Victory Medal.

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.  posthumously awarding the FSM the Purple Heart;

	b.  amending item 32 of his WD AGO Form 53-55 to add Ardennes-Alsace;

	c.  amending item 33 of his WD AGO Form 53-55 to add the Purple Heart, the American Campaign Medal, the EAME Campaign Medal with one bronze service star, and the World War II Victory Medal; and

	d.  issuing to the applicant the above awards; and

	e.  amending item 34 of his WD AGO Form 53-55 to add the entry "European Theater of Operations 16 December 1944."



      ____________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)                                         AR20100015287



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ABCMR Record of Proceedings (cont)                                         AR20100015287



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