IN THE CASE OF:
BOARD DATE: 15 February 2011
DOCKET NUMBER: AR20100016722
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 widow of the deceased former service member (FSM), requests, in effect, correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Purple Heart and the Belgian Fourragere.
2. The applicant states she has tried many years to get the FSM's records corrected to show these awards.
3. The applicant provides copies of the FSM's WD AGO Form 53-55; WD AGO Form 100 (Separation Qualification Record); WD AGO Form 55 (Honorable Discharge), dated 8 November 1948; U.S. Army Surgeon General's Office Hospitalization File Listing (SGO File) for 1944; marriage certificate, and the FSM's death certificate.
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 applicants 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 applicants 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 WD AGO Form 53-55 shows in:
a. Item 6 (Organization): "HQ & HQ CO 3RD BN, 67 AR" interpreted to indicate Headquarters and Headquarters Company, 3rd Battalion, 67th Armored Regiment;
b. Item 32 (Battles and Campaigns): Rhineland, Ardennes, Northern France, Central Europe, Sicily, and Normandy;
c. Item 33 (Decorations and Citations) and Item 55 (Remarks): Presidential Unit Citation, European-African-Middle Eastern Theater Campaign [Medal] with six bronze service stars and the Bronze Arrowhead; Good Conduct Medal, and the [World War II] Victory [Medal]; and
d. Item 36 (Service Outside Continental U.S. and Return): service in the European Theater of Operations (ETO) from 24 May 1943 to 23 October 1945.
3. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II. This document shows the 67th Armored Regiment, 2nd Armored Division served in the ETO during World War II. This pamphlet further shows that during the period of the FSM's assignment with this regiment, it was awarded the following:
* General Order 43, dated in 1950: Belgian Fourragere for service on
2 September and again on 21-28 December 1944
* Army of Occupation Medal with Germany Clasp
4. A health record research project, commonly referred to as the "SGO Files," involved transposing the hospital admission card data from World War II onto magnetic tape. In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC). The availability of the information to the NPRC received considerable publicity by the various veterans' service organizations. It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.
5. The SGO files show the applicant was hospitalized in October 1944 as a battle casualty. He was diagnosed with a ruptured tympanic membrane [ear drum] and acute Nasopharyngitis [inflammation of the passageway for air from the nasal cavity to larynx and for food from the mouth to esophagus], which resulted from the blast effects of an artillery shell. He was discharged in November 1944.
6. Army Regulation 600-8-22 (Military Awards) provides 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the FSM's WD AGO Form 53-55 should be corrected to show award of the Purple Heart and the Belgian Fourragere.
2. Records clearly show the FSM was hospitalized as a battle casualty. Therefore, his WD AGO Form 53-55 should be corrected to show the Purple Heart.
3. Records show the FSM's unit was awarded the Belgian Fourragere and the Army of Occupation Medal with Germany Clasp. Therefore, these two awards should be added to his WD AGO Form 53-55.
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 adding the following awards to his WD AGO Form 53-55, the Purple Heart, Belgian Fourragere, and the Army of Occupation Medal with Germany Clasp.
_______ _ 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) AR20100016722
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100016722
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100029801
The applicant, the daughter of a former service member (FSM) to whom the FSM has given general power of attorney, requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show he was awarded the Purple Heart and to show he received wounds in combat. The FSM's military record is not available to the Board for review. Therefore, the Board requests that the Case Management Division administratively correct the records of the FSM by...
ARMY | BCMR | CY2013 | 20130013081
The applicant requests the WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) of her uncle, a former service member (FSM), be corrected to show the European-African-Middle Eastern Campaign Medal with four bronze service stars and Purple Heart. Her uncle stated that he was blown out of three tanks which have left him with a lifetime of problems with his arm and shoulder. The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 9...
ARMY | BCMR | CY2011 | 20110023400
The applicant's military records are not available to the Board for review. Regrettably, there is insufficient evidence on which to award the Purple Heart in this case. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge; b. adding the Bronze Star Medal, World War II Victory Medal, and two bronze service stars for wear on his...
ARMY | BCMR | CY2004 | 2004103785C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant's WD AGO Form 53-55, Enlisted Record and Report of Separation, Honorable Discharge, with an effective date of 21 December 1945 shows, in Item 33 (Decorations and Citations), that he was awarded the Purple Heart; the European-African-Middle Eastern Campaign Medal; the Good Conduct Medal; the World War II Victory Medal, and a bronze service arrowhead [correctly known as a...
ARMY | BCMR | CY2013 | 20130021553
The applicant requests the WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Service) of his deceased father, a former service member (FSM), be corrected to show his grade as staff sergeant (S/Sgt) vice sergeant (Sgt) and the following awards: * European-African-Middle Eastern Campaign Medal with 3 bronze service stars (instead of 2 stars) * Belgian Fourragere Lanyard * Purple Heart * Prisoner of War (POW) Medal * Expert Marksmanship Qualification Badge with Carbine...
ARMY | BCMR | CY2006 | 20060008440
The Board considered the following evidence: Exhibit A - Application for correction of military records. The FSM's military records are not available to the Board for review. Item 33 (Decorations and Awards) of the FSM's separation document shows he earned the following awards during his active duty tenure: European-African-Middle Eastern (EAME) Campaign Medal with 1 bronze service star; Army Good Conduct Medal (AGCM); and American Theater Medal.
ARMY | BCMR | CY2010 | 20100021691
The applicant requests the records of his late father, a former service member (FSM), be corrected to show the Army of Occupation Medal (AOM) with Germany Clasp, Belgian Fourragere, and credit for his participation in the Normandy campaign. The applicant states: a. the FSM should have received the AOM for his work in repatriating German prisoners of war from France; b. the FSM should receive credit for his participation in the Normandy campaign; c. the FSM should be awarded the Belgian...
ARMY | BCMR | CY2012 | 20120008591
The applicant provides a WD AGO Form 53-55, medical progress notes, two hospital admission documents, and Department of Veterans Affairs (VA) Progress Notes. Therefore, there is insufficient evidence on which to base awarding the FSM the second and third awards of the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the Purple Heart for wounds sustained on 25 July 1944; b. deleting the...
ARMY | BCMR | CY2009 | 20090019242
The applicant states his WD AGO Form 53-55 does not show the Purple Heart, the Bronze Star Medal, the Combat Infantryman Badge, or the World War II Victory Medal. Board also recommends that all Department of the Army records of the individual concerned be corrected by amending item 31 (Military Qualifications and Date) of the applicant's WD AGO Form 53-55 to show he was awarded the Combat Infantryman Badge. Board also recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2008 | 20080012076
The applicant requests in effect, that the records of his deceased father, a former service member (FSM), be corrected to show he was awarded the Bronze Star Medal (BSM) for valor, the Silver Star (SS), Purple Heart (PH) with 1st Oak Leaf Cluster (2nd Award), and Glider Infantry Badge; to show his eligibility for the French Fourragere, Belgian Fourragere, Netherlands Order of William, Belgium Order of the Day, and Netherlands Orange Lanyard; and that he be issued award certificates for the...