IN THE CASE OF:	  

		BOARD DATE:	  14 June 2011

		DOCKET NUMBER:  AR20100029116


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 award of the Purple Heart.

2.  The applicant states he was injured in combat in January 1945.

3.  The applicant provides his WD AGO Form 53 (Enlisted Record and Report of Separation – Honorable Discharge).

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 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 his records were lost or destroyed in that fire.  This review is being conducted using his WD AGO Form 53.

3.  The applicant's WD AGO Form 53-55, completed at the time of his discharge, shows:

* induction on 22 July 1943
* active service from 12 August 1943 to 22 January 1946
* entry into the AUS (Army of the United States) at Jefferson Barracks, MO and discharge at Jefferson Barracks, MO
* organization- Company E, 101st Infantry Regiment, 26th Infantry Division
* rank/grade – S SGT (Staff Sergeant)
* branch of service - Infantry
* MOS – Clerk Typist  405
* qualifications - Expert (Rifle, M-1), Expert (Carbine), Combat Infantryman Badge
* campaigns – Ardennes, Rhineland, Central Europe, Northern France
* wounds - None
* awards - European-African-Middle Eastern Campaign Medal with 4 bronze service stars, Army Good Conduct Medal, World War II Victory Medal, American Theater Campaign Ribbon
* CONUS service - 1 year, 1 month, and 10 days; foreign service - 1 year, 4 months, and 28 days

4.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards, the Army Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  The regulation provides the following:

	a.  The Purple Heart was established by General George Washington at Newburgh, NY on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with 


one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.  Effective 19 May 1998, award of the Purple Heart is limited to members of the Armed Forces of the United States.  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.

	b.  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.

5.  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 applicant's unit, the 101st Infantry Regiment, was cited once in the Order of the Day of the Belgian Army by Department of the Army General Order Number 43, dated 1950.  It also shows that the unit was awarded occupation credit in Germany for the period 2 May to 3 June 1945, and in Austria for the period  4 September to 30 October 1945.  This authorizes the Army of Occupation Medal with Germany Clasp.

6.  Army Regulation 600-8-22 (Military Awards) provides for award of the Belgian Fourragere.  The Belgian Government may be awarded when a unit has been cited twice in the Order of the Day of the Belgian Army.  The award of the Belgian Fourragere is not automatic, but must be by special decree of the Belgian Government.  Persons who were present in only one action are not authorized to wear the Fourragere.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Purple Heart.

2.  Only the applicant's WD AGO Form 53 is available for review, all other records are presumed to have been destroyed in the 1973 National Personnel Records Center fire.

3.  The applicant's WD AGO Form 53 clearly states in Item 34 (Wounds Received in Action) the word "None."  He has not provided evidence this entry is inaccurate; therefore, it is presumed to be correct.

4.  The applicant is entitled to additional awards which do not appear on his WD AGO Form 53.

   a.  The applicant was awarded the Combat Infantryman Badge which entitles him to award of the Bronze Star Medal (conversion award).

   b.  The applicant's unit was cited once in the Order of the Day of the Belgian Army for award of the French Croix de Guerre.  Although he would not have been authorized to wear a ribbon, fourragere, medal, or other device based on a one-time citation, an entry should be made on his WD AGO Form 53-55 to show this citation.

   c.  The applicant served in Europe with his unit until 13 January 1946; he is entitled to the Army of Occupation Medal with Germany Clasp.

5.  Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  __X_____  ___X____  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned to:

* award the Bronze Star Medal as a conversion award based on his Combat Infantryman Badge
* add the Bronze Star Medal and Army of Occupation Medal with Germany Clasp to his WD AGO Form 53
* add, in the Remarks block, the entry “BELGIAN FOURRAGERE – UNIT CITATION – NO EMBLEM AUTHORIZED"




      _______ _  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)                                         AR20100029116





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100029116



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1