IN THE CASE OF:	  

		BOARD DATE:	  8 March 2011

		DOCKET NUMBER:  AR20100018986 


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 a deceased former service member (FSM), requests 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.

2.  The applicant states the FSM was wounded in combat during World War II, hospitalized in England, and returned to Fort Sam Houston, TX in April 1945.  She adds the FSM received compensation for his combat injuries.

3.  The applicant provides a copy of the FSM's WD AGO Form 53-55.

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 service 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 that the FSM's records were lost or destroyed in that fire.  However, there were sufficient available documents for the Board to conduct a fair and impartial review of this case.

3.  The FSM was inducted into the Army of the United States and entered active service on 7 July 1943.

4.  The FSM's WD AGO Form 53-55 shows he was honorably discharged on
8 December 1945.  He completed 1 year, 6 months, and 13 days of continental service and 10 months and 19 days of foreign service, equaling 2 years,
5 months, and 2 days of total service.  It also shows in:

	a.  item 6 (Organization) that he was assigned to the 560th Ordnance Heavy Maintenance Company;

	b.  item 31 (Military Qualification and Date) the entry "Marksman (Rifle)";

	c.  item 32 (Battles and Campaigns) that he participated in the Normandy, Northern France, and Rhineland campaigns;

	d.  item 33 (Decorations and Citations) the American Campaign Medal, European-African-Middle Eastern Campaign Medal with three bronze service stars, Army Good Conduct Medal, one Overseas Service Bar, and the World War II Victory Medal;

	e.  item 34 (Wounds Received in Action) the entry "None"; and

	f.  item 26 (Service Outside Continental U.S. and Return) he served in the European-African-Middle Eastern Theater of Operations (EAMETO) from 24 May 1944 to 29 March 1945.

5.  Extracts of information from Hospital Admission Cards, Office of The Surgeon General, shows the FSM was admitted to an Army Medical Treatment Facility on 29 November 1944 and he received treatment for a wound to his leg caused by robot bomb fragments while in combat and serving in the European Theater of Operations (ETO).

6.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  The 


Purple Heart is awarded to any member who has been wounded or killed in action.  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.  In order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

7.  Department of the Army Technical Manual (TM) 12-235, in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  Paragraph 24 established standardized policy for the preparation of the WD AGO Form 53-55.  It stated that for item 34, enter the date wounded and theater.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the FSM should be awarded the Purple Heart because he was wounded in action during World War II.

2.  Records show the FSM was wounded in action on 29 November 1944 in the EAMETO.  Therefore, it would be appropriate to posthumously award the FSM the Purple Heart and to correct the FSM's WD AGO Form 53-55 to show this award.

3.  Item 34 of the FSM's WD AGO Form 53-55 shows the entry "None"; however, based on the above, the entry should be corrected to show the FSM was wounded in action on 29 November 1944 in the EAMETO. 

4.  In view of the foregoing, the FSM's WD AGO Form 53-55 should be corrected as indicated below.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  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 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 for wounds received in action in the EAMETO on 29 November 1944;

	b.  adding to item 33 of the FSM's WD AGO Form 53-55 the Purple Heart; and

	c.  deleting from item 34 of the FSM's WD AGO Form 53-55 the entry "None" and replacing it with the entry "29 November 1944 - EAMETO."

2.  The Board wants the applicant and all others to know that the sacrifices the FSM made in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of the FSM's service in arms.



      ___________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)                                         AR20100018986



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ABCMR Record of Proceedings (cont)                                         AR20100018986



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