BOARD DATE: 12 May 2011
DOCKET NUMBER: AR20100026040
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, in effect, correction of his WD AGO 53-55 (Enlisted Record and Report of Separation) to show he was awarded the Purple Heart.
2. The applicant states, in effect, the Purple Heart was omitted from his
WD AGO Form 53-55.
3. The applicant provides:
* A certificate showing he was awarded the Purple Heart
* Honorable Discharge Certificate
* 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 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 applicants military records are not on file. Information contained herein was obtained from the documentation submitted by the applicant.
3. The applicant was inducted into the Army of the United States on 25 November 1942 and entered an active duty status on 4 December 1942. He was awarded military occupational specialty 345 (Rifleman). He arrived in the European-African-Middle Eastern (EAME) Theater of Operations on 18 April 1944. He departed the theater and arrived in the U.S. on 3 December 1945.
4. On 14 March 1946, the applicant was honorably discharged. Item 33 (Decorations and Citations) on his WD AGO Form 53-55 does not show he was awarded the Purple Heart. However, item 33 does show he was awarded the Combat Infantryman Badge on 15 May 1944. Item 34 (Wounds Received in Action) shows he was wounded on 1 October 1944 while he was in the EAME Theater of Operations.
5. The applicant did not submit a copy of the orders awarding him the Purple Heart.
6. The applicant submits a certificate showing he was wounded in action in the EAME Theater of Operations on 1 October 1944. The certificate shows he was awarded the Purple Heart on 6 December 1990.
7. Army Regulation 600-8-22 (Military Awards) 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.
8. Army Regulation 600-8-22 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted. His supporting documents have been considered.
2. His WD AGO Form 53-55 shows he was wounded in action on 1 October 1944. The certificate he submits shows he was wounded in action on 1 October 1944 and awarded the Purple Heart on 6 December 1990.
3. Although he did not submit a copy of the orders awarding him the Purple Heart it is reasonable to presume that he was awarded the Purple Heart on 6 December 1990. He is also authorized the Bronze Star Medal based on award of the Combat Infantryman Badge. His WD AGO Form 53-55 should be corrected to show both awards.
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:
a. awarding him the Bronze Star Medal based on his award of the Combat Infantryman Badge;
b. amending his WD AGO Form 53-55 to add the Purple Heart and the Bronze Star Medal; and
c. providing him a document to show the above corrections.
_______ _ 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) AR20090005994
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ABCMR Record of Proceedings (cont) AR20100026040
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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