IN THE CASE OF:
BOARD DATE: 27 July 2011
DOCKET NUMBER: AR20100029419
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 he be awarded the Purple Heart.
2. The applicant states he was wounded on 5 May 1945 but did not receive the Purple Heart. The wound is recorded on his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).
3. The applicant provides copies of his WD AGO Form 53-55 and a Ninth Service Command 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 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. It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from documents provided by the applicant.
3. The WD AGO 53-55 provides the following:
a. entry onto active duty on 27 February 1943;
b. honorably discharged on 30 November 1945;
c. service in two campaigns, Northern France and Central Europe;
d. service in the European Theater from 21 October 1943 though 27 July 1945;
e. award of the European-African-Middle Eastern Campaign Medal, World War II Victory Medal, and the Combat Infantryman Badge; and
f. at item 34 (Wounds Received in Action), Austria 5 May 1945.
4. A Ninth Service Command Certificate shows the applicant was authorized award of three overseas bars, the Combat Infantryman Badge, the European-African-Middle Eastern Campaign Medal with one bronze service star, and the Purple Heart.
5. Army Regulation 600-8-22 (Military Awards) provides the following:
a. 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; and
b. a bronze service star is worn on the appropriate service ribbon to denote each campaign.
6. Army Regulation 600-4 (Decorations) provided the policy and provisions during WW II for award of military awards and decorations. In pertinent part it states that the Purple Heart is awarded to members of the Armed Forces who are wounded in action against an enemy of the United States, or as a direct act of such enemy, provide that wound necessitated treatment by a medical officer.
DISCUSSION AND CONCLUSIONS:
1. The WD AGO Form 53-55 indicates that the applicant was wounded in combat on 5 May 1945, and the Ninth Service Command certificate confirms that the applicant was authorized award of the Purple Heart.
2. The applicant was awarded the Combat Infantryman Badge during WWII, as such he is entitled to award of the Bronze Star Medal.
3. The applicant is shown to have participated two campaigns in Europe, as such he is entitled to wear two bronze service stars on his already awarded European-African-Middle Eastern Campaign Medal.
4. Based on the above facts and findings it is appropriate to correct the applicant's separation document to show that, in addition to the awards listed on the WD AGO Form 53-55, he is also authorized award of the Bronze Star Medal, Purple Heart, and to wear two bronze service stars on his European-African-Middle Eastern Campaign Medal.
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 upon award of the Combat Infantryman Badge; and
b. correcting his separation document to show that, in addition to the awards listed on the WD AGO Form 53-55, he is also authorized the Bronze Star Medal, Purple Heart, and to wear two bronze service stars on his European-African-Middle Eastern Campaign Medal.
_______ _ __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) AR20100029419
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ABCMR Record of Proceedings (cont) AR20100029419
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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