IN THE CASE OF:	  

		BOARD DATE:	    6 September 2011

		DOCKET NUMBER:  AR20110004505 


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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to add the Purple Heart (PH).

2.  The applicant states he earned the PH during World War II (WWII) and has the actual medal.

3.  The applicant provides the following documents in support of his application:

* WD AGO Form 53-55
* newspaper article
* service record review and verification for awards
* Honorable Discharge Certificate
* PH medal photographs

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 complete military record is not available for Board review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  This case is being considered using reconstructed records maintained by NPRC which include the applicant's WD AGO Form 53-55 and an Office of the Surgeon General (OTSG) Hospital Admission Record, along with documents submitted by the applicant.

3.  The applicant's WD AGO Form 53-55 shows he enlisted in the Regular Army on 26 February 1940.  Item 31 (Military Qualifications) shows he earned the Combat Infantryman Badge (CIB).  Item 33 (Decorations and Citations) shows he earned the following awards:

* Army Good Conduct Medal
* American Defense Service Medal
* European-African-Middle Eastern Campaign Medal with five bronze service stars
* Croix de Guerre with Palm Unit Citation

4.  Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55 contains the entry "None" and item 36 (Service Outside the Continental United States and Return) shows he served in the European theater of operations (ETO) from 8 November 1942 through 29 May 1945.  The WD AGO Form 53-55 shows the applicant was honorably separated in the rank of private first class on 30 June 1945.

5.  The applicant's NPRC file contains an OTSG Hospital Admission Record that shows he was admitted to a military treatment facility on 7 February 1945 and treated for an artillery shell fragment wound to the head.  This report categorized the applicant as a battle casualty.

6.  The applicant provides photographs of the PH medal he was awarded and an Army document listing his awards, which includes the PH and the Combat Infantryman Badge (CIB), and confirming the awards list was verified by a check of his military service records.  He also provides a newspaper article indicating he was awarded the PH.

7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states that in order to award a PH there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of the medical treatment must have been made a matter of official record.

8.  Paragraph 3-14d of Army Regulation 600-8-22 states the Bronze Star Medal (BSM) 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.  An award of the CIB is considered to be a citation in orders for the BSM.  Therefore, the BSM is to be awarded to individuals who were authorized the CIB for service during WWII.

9.  Paragraph 5-12 of Army Regulation 600-8-22 contains guidance on award of the WWII Victory Medal.  It states it is authorized for service between 7 December 1941 and 31 December 1946.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to add the PH to his WD AGO Form 53-55 has been carefully considered and found to have merit.

2.  By regulation, in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment must have been made a matter of official record.  The applicant's NPRC file contains an OTSG Hospital Admission Record that confirms the applicant was a battle casualty [wounded in action] on 7 February 1945 and he was treated for this wound in a military medical treatment facility.  As a result, the regulatory burden of proof necessary to support award of the PH has been satisfied in this case.  Therefore, it would be appropriate to add the PH to the applicant's WD AGO Form 53-55 and to enter this wound date in item 34 of his WD AGO Form 53-55.

3.  Further, based on the applicant's award of the CIB during WWII, he is also eligible for the BSM for his exemplary conduct in ground combat in the ETO between 8 November 1942 and 29 May 1945.  As a result, it would be appropriate to award him the BSM and add this medal to his WD AGO 
Form 53-55.

4.  In addition, he is entitled to the WWII Victory Medal based on his WWII service.  This medal should also be added to his WD AGO Form 53-55.



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 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 BSM for his exemplary conduct in ground combat in the ETO between 8 November 1942 and 29 May 1945;

	b.  adding the BSM, PH, and WWII Victory Medal to item 33 of his WD AGO Form 53-55; and

	c.  deleting the current entry in item 34 of his WD AGO Form 53-55 and replacing it with the entry, "Wounded in Action, ETO, 7 February 1945."



      ___________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)                                         AR20110004505



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110004505



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1