IN THE CASE OF:	  

		BOARD DATE:	  6 October 2011

		DOCKET NUMBER:  AR20110005381 


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, the daughter of a deceased former service member (FSM), requests correction of her father's record to show award of the Purple Heart and the Army Good Conduct Medal.  She also requests the issuance of the two medal sets to her.

2.  The applicant states:

* Her father was awarded the Purple Heart in 1943 after being wounded while landing in Italy
* He was also issued the Army Good Conduct Medal but his record does not currently reflect this
* She saw her father's Purple Heart and other medals when she was a child but all his medals have since disappeared

3.  The applicant provides:

* a Verified Transcript from the Register of Deaths pertaining to the FSM
* a Verified Transcript from the Register of Births pertaining to her birth
* a document, subject:  Discharge from the Service, dated 17 July 1944
* four service medical record documents
* two pages of the FSM's "Soldier's Qualification Card"
* General Orders Number 13, dated 5 August 1943


* the FSM's WD AGO Form Number 55 (Honorable Discharge Certificate and Enlisted Record), dated 19 August 1944
* five Information from the Hospital Admission Cards Created by the Office of the Surgeon General, Department of the Army (1942 - 1945) - Information for the Year 1943 and 1944

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 FSM'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 the FSM's 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.  The FSM's Enlisted Record shows he enlisted in the Army on 21 January 1942.  He served in the European-African-Middle Eastern Theater of Operations from 24 December 1942 to 3 January 1944.  He was honorably discharged on 
19 August 1944.

4.  The FSM's Enlisted Record shows award of the Purple Heart and "African Campaign Medal" (correctly known as the European-African-Middle-Eastern (EAME) Campaign Medal) in the "Decorations, service medals, citations" section.  The "Wounds received in service" section of his Enlisted Record shows the entry "Injury to head and chest and left ear."  This record also shows he served in the Sicily and Northern Africa campaign phases during World War II.

5.  In support of her claim for the Army Good Conduct Medal, the applicant provided General Orders Number 13, issued by Headquarters, 66th Armored 


Regiment, dated 5 August 1943, that show the FSM was qualified for and authorized to wear the Army Good Conduct Medal.

6.  Army Regulation 600-8-22 (Military Awards) states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

7.  Army Regulation 600-8-22, paragraph 5-13, contains the regulatory guidance on the European-African-Middle Eastern Campaign Medal.  It states that a bronze service star is authorized with this award for each campaign a member is credited with participating in.  Appendix B shows that during the FSM's overseas service he participated in two campaign phases.

DISCUSSION AND CONCLUSIONS:

1.  Since the FSM's Enlisted Record already shows the Purple Heart as an authorized decoration, there is no correction to be made pertaining to this portion of the applicant's request.  However, as a matter of compassion, the medal set should be issued to the applicant.

2.  General orders show the FSM qualified for and was authorized to wear the Army Good Conduct Medal.  Therefore, his Enlisted Record should be corrected to show this award and the medal set should be issued to the applicant.

3.  The FSM participated in two campaigns phases during World War II which entitles him to the European-African-Middle Eastern Campaign Medal with two bronze service stars.  Therefore, the FSM's Enlisted Record should be corrected to show this award.

4.  The FSM served during a qualifying period of service for entitlement to the World War II Victory Medal.  Therefore, the FSM's Enlisted Record should be corrected 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 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.  deleting from the "Decorations, service medals, citations" section of his Enlisted Record the African Campaign Medal;

	b.  adding to the "Decorations, service medals, citations" section of his Enlisted Record the:

* Army Good Conduct Medal
* European-African-Middle Eastern Campaign Medal with two bronze service stars
* World War II Victory Medal

	c.  issuing to the applicant the medal sets for the:

* Purple Heart
* Army Good Conduct Medal
* European-African-Middle Eastern Campaign Medal with two bronze service stars
* World War II Victory 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)                                         AR20110005381



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ABCMR Record of Proceedings (cont)                                         AR20110005381



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