IN THE CASE OF:	  

		BOARD DATE:	  31 May 2011

		DOCKET NUMBER:  AR20110000754 


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 reconsideration of his earlier request for award of the Purple Heart.

2.  The applicant states his injury was not recorded in his service records or may have been lost or destroyed.

3.  The applicant provides:

* Army Board for Correction of Military Records (ABCMR) Record of Proceedings (ROP) awarding the Purple Heart to Private First Class (PFC) E____ R. H____
* a newspaper article showing award of the Purple Heart to PFC E____ R. H____
* a statement from PFC E____ R. H____
* two previously-submitted witness statements

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090020054 on 27 May 2010.

2.  The applicant submits a statement from a former unit member.  This statement was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.
3.  His 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 his 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.

4.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) shows he was inducted into the Army of the United States on 11 September 1942.  This form also shows he held military occupational specialty 745 (Rifleman) and he was assigned to Headquarters Company, U.S. Forces Austria, at the time of his separation.

5.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 10 January 1945 and arrived in the European theater of operations (ETO) on 21 January 1945.  His date of departure from the ETO and arrival in CONUS are not listed; however, he completed 2 years, 3 months, and 29 days of CONUS service and 1 year, 1 month, and 17 days of foreign service.  He was honorably separated on 27 February 1946.

6.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Central Europe and Rhineland campaigns during his service in World War II (WWII).

7.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the:

* European-African-Middle Eastern Campaign Medal
* Army Good Conduct Medal
* Combat Infantryman Badge
* American Theater Ribbon
* WWII Victory Medal

8.  Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 contains the entry "None."

9.  He previously submitted a statement from his former platoon leader at the time in question who states:

* on or about 10 April 1945 the applicant was with his unit when they were clearing out the enemy in the town of Arnstadt, Germany, and an artillery shell burst injuring several of them
* he [platoon leader] was seriously injured and he was evacuated to a hospital in the rear; he was in the hospital several weeks
* the applicant was with "us" and probably was injured by the blast, as were several others

10.  He also previously submitted a statement from the platoon medic who states:

* he was directed to the scene of an artillery blast that had seriously injured several members of Company I, 355th Infantry, 89th Infantry Division
* he removed a jagged piece of shrapnel from the left hand of the applicant
* he admonished the applicant to report to his company medic for further treatment
* in combat, all major injuries were recorded in service records by company clerks, but those Soldiers who received non-threatening injuries and did not receive treatment by doctors were not recorded in many cases

11.  He now submits a statement from a former unit member, PFC E____ R. H____, who states:

* he was a PFC and messenger for Lieutenant (LT) W____ S____, 1st Platoon, Company I, 3rd Battalion, 355th Infantry, 89th Infantry Division
* the applicant was also a messenger for LT L____ S____, the heavy weapons platoon leader
* on or about 10 April 1945, they were clearing out the enemy in the town of Arnstadt, Germany, when an artillery shell burst injured several of them
* he, the applicant, and the tank commander, LT W____ S____ were wounded by fragments
* 8 of 10 men advancing behind the tank were severely injured and had to be evacuated
* he and the applicant continued with the mission and had the platoon medic remove the fragments and treat their wounds
* he was later awarded the Purple Heart

12.  Attached are a copy of the ROP, dated 19 September 2006, and a newspaper article pertaining to PFC E____ R. H____, the messenger who wrote the above statement, showing he was awarded the Purple Heart.

13.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

	b.  The Bronze Star Medal is awarded to members of the Armed Forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Combat Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.

	c.  The European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern theater between 7 December 1941 and 8 November 1945.  The regulation also authorizes a bronze service star based on qualifying service for each campaign listed in appendix B or listed in item 32 of the WD AGO Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the European-African-Middle Eastern Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The witness statements, to include a veteran who was awarded the Purple Heart for the same incident, confirm the applicant was wounded by fragments of an artillery shell on 10 April 1945 in the ETO.  Therefore, he is entitled to award of the Purple Heart and correction of his records to show his wound and this medal.

2.  The evidence of record shows he was awarded the Combat Infantryman Badge.  Based on his award of the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this medal.

3.  His records show he was awarded the European-African-Middle Eastern Campaign Medal.  Furthermore, his records show he participated in two campaigns during his service in WWII.  Therefore, he is entitled to two bronze service stars to be affixed to 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 the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20090020054, dated 27 May 2010.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the Purple Heart for wounds received in action on 10 April 1945
* awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge
* deleting from item 34 the entry "None" and adding the entry "Fragment Wound, Germany, 10 April 1945"
* adding to his WD AGO Form 53-55 the Bronze Star Medal, Purple Heart, and two bronze service stars to be affixed to his already-awarded 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)                                         AR20110000754



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ABCMR Record of Proceedings (cont)                                         AR20110000754



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