IN THE CASE OF:	  

		BOARD DATE:	  22 February 2011

		DOCKET NUMBER:  AR20100019895 


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 that the Purple Heart be awarded to his deceased father, a former service member (FSM), and that all of his medals be replaced.

2.  The applicant states the FSM was wounded in combat on 21 October 1944 during World War II and he was issued a Certificate of Disability due to those wounds.

3.  The applicant provides:

* A copy of the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)
* A copy of a letter from the National Personnel Records Center (NPRC) authorizing the issuance of medal sets
* A copy of the FSM’s Certificate of Disability for Discharge
* A copy of a Rating Sheet
* A copy of the FSM’s death certificate and marriage license
* A copy of the applicant’s birth 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 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 NPRC in 1973.  It is believed the applicant'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.

3.  The FSM was born on 25 November 1917 and he was inducted at Fort Niagara, New York on 28 March 1942.  He completed his training, and he departed for the Asiatic Pacific Theater of Operations (APTO) on 11 May 1944. 

4.  He arrived in the APTO on 2 June 1944 and he was assigned to Company G, 19th Infantry Regiment, 24th Infantry Division.

5.  On 21 October 1944, during the assault on Leyte Island, Philippines, the FSM was wounded in action when he was shot in the right chest by enemy fire and he was hospitalized.

6.  He departed the APTO on 29 December 1944 and was transferred to the Convalescent Hospital at Camp Edwards, Massachusetts where he remained until he was honorably discharged with a Certificate of Disability Discharge on 28 May 1945.  He had served 3 years, 2 months, and 1 day of active service and 2 years, 5 months, and 21 days of continental service.  His WD AGO Form 53-55 shows he participated in two campaigns and he was awarded the Asiatic-Pacific Theater Campaign Ribbon with two bronze service stars, Good Conduct Medal, and Combat Infantryman Badge (CIB).

7.  The Veterans Administration awarded him a 100% disability rating on 7 June 1945.

8.  On 28 May 2010, the NPRC authorized the issuance of medal sets to the applicant for the FSM which included the Bronze Star Medal (BSM), American Campaign Medal, and World War II Victory Medal.



9.  Although the FSM’s WD AGO Form 53-55 shows he was wounded on 
21 October 1944 and was subsequently discharged as a result of that wound, there is no evidence to show he was ever awarded the Purple Heart.

10.  Service medals and awards are not issued by the Army Board for Correction of Military Records (ABCMR).  However, the applicant may obtain the FSM's medals by submitting his request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri  63132-5200.  This issue will not be further addressed in this Record of Proceedings.

11.  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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

12.  Army Regulation 600-8-22 states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record.

13.  Army Regulation 600-8-22 states the American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 
2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 
30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.



14.  Army Regulation 600-8-22 states 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’s contention that the FSM should be awarded the Purple Heart for wounds received in action during World War II has been noted and found to have merit.  

2.  The FSM was wounded as result of enemy action during the landing on Leyte Island on 21 October 1944 while serving in the rank of private first class (PFC) and thus he is entitled to award of the Purple Heart and correction of his WD AGO Form 53-55 to show this award. 

3.  He is entitled to award of the BSM by virtue of having been awarded the CIB.  He is also entitled to the American Campaign Medal and the WWII Victory Medal by virtue of his service.  Inasmuch as the NPRC has already authorized award of these medal sets for those awards, it would appropriate to add these awards to his WD AGO Form 53-55 at this time.

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:

* Awarding the FSM the Purple Heart for wounds received in action against the enemy during WWII on 21 October 1944
* Adding the BSM, Purple Heart, American Campaign Medal, and the WWII Victory Medal to his WD AGO Form 53-55
* Providing the applicant a document to show these corrections

2.  The Board wants the applicant and all others to know that the sacrifices made by his late father 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)                                         AR20100019895



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ABCMR Record of Proceedings (cont)                                         AR20100019895



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