IN THE CASE OF:	  

		BOARD DATE:	  21 December 2010

		DOCKET NUMBER:  AR20100015655 


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 daughter of a deceased former service member (FSM), requests the FSM's record be corrected to show award of the Purple Heart.

2.  The applicant states the FSM was wounded in action on 8 February 1945 in Germany.  She states he is a decorated veteran who received the Silver Star for his actions during World War II in Europe.

3.  The applicant provides the following documentary evidence on behalf of her deceased father:

	a.  FSM's death certificate;

	b.  WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) for the period ending 29 December 1945;

	c.  WD AGO Form 100 (Separation Qualification Record);

	d.  FSM's honorable discharge certificate; 

	e.  Western Union telegram, dated 23 February 1945; and

	f.  three photographs and newspaper clippings.



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 for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the FSM'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, including the FSM's WD AGO Form 53-55 in addition to documents that the applicant provided.

3.  The available evidence of record shows the FSM was inducted into the Army of the United States on 25 May 1944 and he completed basic combat training.

4.  The FSM served in the European-African-Middle Eastern theater of operations from on or about 9 November 1944 to 2 July 1945.  His WD AGO Form 53-55 shows he served in the following four campaigns:

* Northern France (25 July 1944-14 September 1944)
* Rhineland (15 September 1944-21 March 1945)
* Ardennes-Alsace (16 December 1944-25 January 1945)
* Central Europe (22 March 1945-11 May 1945)

5.  On 29 December 1945, the FSM was honorably discharged due to demobilization of the Armed Forces.  He received a WD AGO Form 53-55 upon his discharge that shows:

	a.  item 6 (Organization) – Company C, 8th Infantry, 4th Infantry Division;

	b.  item 31 (Military Qualification and Date) – Combat Infantryman Badge and Sharpshooter Marksmanship Qualification Badge with Rifle Bar;

	c.  item 33 (Decorations and Citations) - "European-African-Middle Eastern Theater Ribbon, Good Conduct Medal, Victory Medal, and Silver Star Medal"; and

	d.  item 34 (Wounds Received in Action) - "None."

6.  The Office of the Surgeon General files, a health record research project, involved transposing hospital admission card data from the periods of World War II and the Korean Conflict onto magnetic tape.  The best available estimation of the completeness of this project is that it captured at least 95 percent of all combat casualty hospital admissions.  The deceased FSM's name is not contained in these files. 

7.  In support of her application, the applicant provided a photocopy of a Western Union telegram sent to her mother on 23 February 1945.  The telegram states the FSM was slightly injured in action on 8 February 1945 in Germany.  In addition she provided three photographs and two newspaper clippings as evidence that her father was awarded the Purple Heart.  One photograph shows the FSM standing in a military formation and two photographs show the FSM's uniform with the Purple Heart affixed to it.  The newspaper clipping states that the FSM was awarded the Silver Star for his heroic actions in Germany by saving the life of a wounded Soldier while defending their combat position in hand-to-hand combat with four enemy soldiers.

8.  References:

	a.  Army Regulation 600-45 (Decorations), then in effect, which governed the award of Army decorations until 23 August 1951, stated the Purple Heart was awarded to citizens of the United States serving with the Army who were wounded in action against an enemy of the United States or as a direct result of an act of such enemy provided such wound necessitated treatment by a medical officer.  This regulation stated that for the purpose of considering an award of the Purple Heart, a "wound" is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.

	b.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal 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 Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders for the Bronze Star Medal.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

	c.  Army Regulation 600-8-22 provides for award of the Belgian Fourragere.  The Belgian Fourragere may be awarded when a unit has been cited twice in the Order of the Day of the Belgian Army.  The award of the Belgian Fourragere is not automatic, but must be by special decree of the Belgian Government.  Persons who were present in only one action are not authorized to wear the Fourragere.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register ) shows the FSM's unit received one award of the Belgian Fourragere for the period 16 to 21 December 1944 by Department of the Army General Orders Number 43, dated 1950.

DISCUSSION AND CONCLUSIONS:

1.  Based on the evidence provided by the applicant, the preponderance of evidence shows the FSM was injured in action.  As such, he is entitled to a correction of his record to show award of the Purple Heart for wounds incurred on 8 February 1945.

2.  Based on award of the Combat Infantryman Badge during the FSM's period of service, he is entitled to award of the Bronze Star Medal.

3.  The FSM's unit was cited once for award of the Belgian Fourragere during his period of service in the European-African-Middle Eastern theater of operations.  Although he would not have been authorized to wear a ribbon, fourragere, medal, or other device based on a one-time citation, an entry should be made on his WD AGO Form 53-55 to show this citation.

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.   awarding him the Purple Heart for wounds incurred on 8 February 1945;

     b.  amending his WD AGO Form 53-55 to add the Purple Heart and Bronze Star Medal; and

     c.  amending his WD AGO Form 53-55 to add to the Remarks block the entry, "BELGIAN FOURRAGERE – UNIT CITATION – NO EMBLEM AUTHORIZED.



      ____________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)                                         AR20100015655



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100015655



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1