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ARMY | BCMR | CY2010 | 20100027567
Original file (20100027567.txt) Auto-classification: Approved

		
		BOARD DATE:	  19 May 2011

		DOCKET NUMBER:  AR20100027567 


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 son of a deceased former service member (FSM), requests correction of his father’s WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Purple Heart.  

2.  He states he was told that the records from approximately 1912 to 1959 were destroyed in a fire on 12 July 1973.

3.  He provides:

* his birth certificate
* the FSM’s Certificate of Death
* the FSM's WD AGO Form 53-55
* the FSM's WD AGO Form 100 (Army Separation Qualification Record)

CONSIDERATION OF EVIDENCE:

1.  The FSM’s military 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 documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.


2.  The FSM's WD AGO Form 53-55 shows he entered the Enlisted Reserve Corps on 9 April 1943 and he entered active service on 10 May 1943.  He arrived in the European Theater of Operations on 30 August 1944 and he departed on 16 April 1945.

3.  The FSM was honorably discharged on 11 August 1945 with a Certificate of Disability for Discharge.  His WD AGO Form 53-55 shows in:

* item 6 (Organization) he was assigned to Company I, 513th Parachute Infantry, 17th Airborne Division at the time of his separation
* item 31 (Military Qualification and date (i.e. infantry, aviation, and marksmanship badges, etc.) the Parachutist Badge
* item 32 (Battles and Campaigns) the Ardennes campaign
* item 33 (Decorations and Citations) the European-African-Middle Eastern Service Medal
* item 34 (Wounds Received in Action) the entry “5 Jan 45 European Theatre”

4.  The block entitled "Summary of Military Occupation and Civilian Conversions" of the FSM's WD AGO Form 100 contains the entry "Awarded Purple Heart."

5.  Letter Orders Number 2-9, issued by Headquarters, 513th Parachute Infantry, dated 22 February 1945, show the FSM was awarded the Combat Infantryman Badge, effective 10 February 1945.

6.  Permanent Order 104-27, issued by the U.S. Army Human Resources Command, Alexandria, VA, dated 14 April 2010, awarded the FSM the Bronze Star Medal for meritorious achievement in active ground combat on 22 February 1945, while assigned to Company I, 3rd Battalion, 513th Parachute Infantry Regiment, 17th Airborne Division.

7.  References:

	a.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II.  This pamphlet shows the 513th Parachute Infantry Regiment,
17th Airborne Division:

* received credit for participating in the Ardennes-Alsace, Central Europe, and Rhineland campaigns


* 3rd Battalion, was cited for award of the Distinguished Unit Citation (redesignated as the Presidential Unit Citation) for the period 
24 through 26 March 1945 by War Department General Orders (WD GO) Number 119, dated 1946
* received assault landing credit on 24 March 1945 by WD GO 70, dated 1945

	b.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.

	c.  Army Regulation 600-8-22 authorizes a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the European-African-Middle Eastern Campaign Medal.

	d.  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.

	e.  Army Regulation 600-8-22 states the “arrowhead” will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The arrowhead is authorized for wear on the European-African-Middle Eastern Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The FSM’s WD AGO Form 53-55 shows he received wounds in action on 5 January 1945 in the European Theater of Operations.  In addition, his WD AGO Form 100 indicates he was awarded the Purple Heart.  Therefore, there is sufficient evidence in which to correct the FSM's WD AGO Form 53-55 to show this award.


2.  Orders show the FSM was awarded the Combat Infantryman Badge and the Bronze Star Medal.  Therefore, the FSM's WD AGO Form 53-55 should be corrected to show these awards.

3.  The FSM served a period of qualifying service for award of the World War II Victory Medal.  Therefore, the FSM's WD AGO Form 53-55 should be corrected to show this award.

4.  The FSM was assigned to a unit that was cited for award of the Presidential Unit Citation during his period of assignment.  Therefore, the FSM is entitled to the Presidential Unit Citation and correction of his WD AGO Form 53-55 to show this award.

5.  The FSM was assigned to a unit in the European Theater of Operations during a period it received occupation credit for Germany.  Therefore, the FSM is entitled to the Army of Occupation Medal with Germany Clasp.  The FSM's
WD AGO Form 53-55 should also be corrected to show this award.

6.  The FSM's unit received assault landing credit and participated in three campaign phases in World War II during his period of assignment.  Therefore, the FSM is entitled to a bronze arrowhead and three bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal.  The FSM's WD AGO Form 53-55 should also be corrected to show these appurtenances.

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.  adding to item 31 of the FSM's WD AGO Form 53-55 the entry "Combat Infantryman Badge, 10 February 1945";
	b.  adding to item 32 of the FSM's WD AGO Form 53-55 the Central Europe, and Rhineland campaigns;

	c.  deleting from item 33 of the FSM's WD AGO Form 53-55 the European-African-Middle Eastern Service Medal; and

	d.  adding to item 33 of the FSM's WD AGO Form 53-55 the:

* Bronze Star Medal
* Purple Heart
* European-African-Middle Eastern Campaign Medal with three bronze service stars and one bronze arrowhead
* World War II Victory Medal
* Army of Occupation Medal with Germany Clasp
* Presidential Unit Citation



      __________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)                                         AR20100027567



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ABCMR Record of Proceedings (cont)                                         AR20100027567



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