IN THE CASE OF:	  

		BOARD DATE:	  15 March 2011

		DOCKET NUMBER:  AR20110004480 


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, through his Member of Congress, correction of his Enlisted Record to show he was wounded in action on 7 March 1944 and awarded the Purple Heart.

2.  The applicant states he was wounded on Anzio Beach Head on 7 March 1944 and spent 5 months in a hospital.  H was discharged with a CDD (Certificate for Disability Discharge) after he had suffered a severe lumbo-sacral injury to his back when he fell off a ledge after being hit by shrapnel to his left leg at Anzio Beach.  The Department of Veterans Affairs (VA) ultimately awarded him service-connected disability compensation for his leg and back injuries.  His Enlistment Record does not indicate that he was wounded in battle and/or received the Purple Heart.

3.  The applicant provides:

* Self-authored memoire
* Enlisted Record
* WD AGO Form 55 (Honorable Discharge Certificate)
* WD AGO Form 40 (CDD)
* VA Rating Sheet
* Transcription of his Military Service
* Three letters of recommendation from Company B, 84th Chemical Battalion
* Photos of the Purple Heart
* Medical documents from the 106th Station Hospital
* Medical documents from the 45th General Hospital
* History of illness, radiology record
* Form 55D (Initial Summary, Working Diagnosis, Contemplated Laboratory Tests, and Consultation)
* Form 55B (Chief Complaint - Condition on Admission - Previous Personal History)
* Form 55F (Progress Notes)
* Form 1-31 (Proceedings of Enlisted Disposition Board - Mayo General Hospital)
* Form 5A (Clinical Record Brief)
* Form 3145 (Notice of Assignment of C-Number)
* VA Form 563 (VA Rating Sheet)
* VA Form 2507 (Request for Physical Examination)
* Form P-80b (Award of Disability Pension)
* VA Form 21-2507 (Request for Physical Examination)
* Special Surgical Examination
* VA Letter

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 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.

3.  His Enlisted Record shows he was inducted into the Army of the United States on 11 December 1942 in Toledo, OH.  This form also shows at the time of his discharge he held military occupational specialty 607 (Mortar Gunner).

4.  His Enlisted Record does not show he served in continental service and foreign service.  He was honorably discharged on 7 August 1944 in the rank of private first class (PFC) with a CDD at Mayo General Hospital, Galesburg, IL.  His Enlisted Record also shows the following entries:

* Military qualifications:  None
* Battles, engagements, skirmishes, expeditions:  None 
* Decorations, service medals, citations:  None
* Wounds received in service:  None
* Character:  Excellent
* Remarks:  Soldier entitled to travel pay.  No time lost under Articles of War 107

5.  His reconstructed records show he had been assigned to Company B, 84th Chemical Battalion from on or about March 1943 to on or about January 1944.  His company executive officer and company commander spoke highly of the applicant's faithful service under fire and recommended him for any assignment.

6.  On 7 March 1944, a shell fragment struck his leg and knocked him off a ledge at Anzio, Italy. He appears to have been assigned to the 60th Military Police Company at the time.  He was taken by litter and boat to the 23rd General Hospital, Naples, Italy, and after his leg was healed, he was allowed up.  He later experienced persistent pain in his back.  He was transferred to the 106th General Hospital in May 1944.  

7.  On 21 May 1944, he was examined at the 106th Station Hospital for a lateral view of the lumbo-sacral spine standing.  The military doctor determined the L-5 appeared to have slipped anteriorly on the sacrum.

8.  On 24 May 1944, he complained of low back pain.  He was examined at the 45th General Hospital in Naples, Italy for two issues:

* Spondylolistheses, moderate to severe, congenital, EPTI (Existed Prior to Induction)
* Strain, severe, lumbo-sacral region, occurred when a shell fragment struck his leg and knocked him off a ledge

9.  On 26 May 1944, a board of medical officers convened at the 45th General Hospital to consider the applicant's case.  A brief summary of the circumstances shows he was formally transferred from the 106th Station Hospital.  He stated that his back had been asymptomatic until 7 March 1944 when he was struck in the right calf by shell fragment at Anzio, Italy, causing him to fall off a ledge 3 to 4 feet high and he landed on his back.  Since that time, he had had low back pain, increased by bending.  These symptoms were incapacitating and made him unfit for any type of duty in theater.  His diagnosis was: 

* Spondylolistheses, moderate to severe, congenital, EPTI
* Strain, severe, lumbo-sacral region, occurred when a shell fragment struck his leg and knocked him off a ledge

10.  The applicant's WD AGO Form 40, dated 7 August 1944, shows he was recommended for disability discharge by reason of severe chronic strain of the lumbosacral incurred in action on 7 March 1944 in Italy when the applicant was hit by shrapnel in the right leg and fell off the ledge three or four feet high.  He became unfit for duty as a result of this injury on 10 May 1944 and he was ultimately ordered discharged with a CDD on 7 August 1944.

11.  On 10 August 1944, the VA awarded him a 10% service-connected disability for chronic strain of the lumbo-sacral and a 10% service-connected disability rating for residual shell fragment wound of the calf of his right leg, both incurred in combat during World War II.

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

	a.  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, and the medical treatment must have been made a matter of official record.

	b.  The World War II Victory Medal was established by an Act of Congress on 6 July 1945.  It was awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

	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.  Authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.

13.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, completed 1 year of continuous active Federal military service while the United States was at war.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his Enlisted Record should be corrected to show he was wounded in action and awarded the Purple Heart.

2.  The evidence of record shows he was wounded in action on 7 March 1944 when a shell fragment struck his leg and knocked him off a ledge.  It appears his Enlisted Record erroneously omitted his combat wound and award of the Purple Heart.  Therefore, he is entitled to correction of his Enlisted Record to show he was wounded in action on 7 March 1944 and he was awarded the Purple Heart.

3.  The evidence of record shows he served a qualifying period for award of the World War II Victory Medal and the American Campaign Medal.  Therefore, he is entitled to award of the World War II Victory Medal and correction of his Enlisted Record to show this award.

4.  The evidence of record shows he served in Italy in the European-African-Middle Eastern theater of operations for an unknown period of time and participated in at least one campaign (Anzio).  Therefore, he is entitled to award of the European-African-Middle Eastern Campaign Medal with one bronze service star and correction of his Enlisted Record to show this award.

5.  The evidence of record shows he honorably served from 11 December 1942 through 7 August 1944.  He served in combat in Europe and was wounded in action.  Additionally, his Enlisted Record shows his character was excellent and he had no lost time.  Lacking any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal, it would be appropriate to award him the Army Good Conduct Medal and correct his Enlisted Record to show this award.

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 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 Army Good Conduct Medal (First Award) for exemplary behavior, efficiency, and fidelity from 11 December 1942 through 7 August 1944;

	b.  awarding him the Purple Heart for wounds received in action on 7 March 1944; 

	c.  deleting from the "battles, engagements, skirmishes, and expeditions" section of his Enlisted Record the entry "None" and adding the entry "Anzio";

	d.  deleting from the "Decorations, service medals, and citations" section of his Enlisted Record the entry "None" and adding the:

* Army Good Conduct Medal (First Award)
* Purple Heart
* World War II Victory Medal
* European-African-Middle Eastern Campaign Medal with one bronze service star

	e.  deleting from the "Wounds received in service" section of his Enlisted Record the entry "None" and adding the entry "Wounded in action, 7 March 1943, European Theater."



      ____________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)                                         AR20110004480



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ABCMR Record of Proceedings (cont)                                         AR20110004480



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