IN THE CASE OF:  

		BOARD DATE:  27 September 2011

		DOCKET NUMBER:  AR20110005903


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 his records be corrected to show he was awarded the Purple Heart

2.  The applicant states he was wounded in action during the Battle of the Bulge.  He received a shrapnel wound to the left side of his face and his eardrums were perforated.  He was awarded the Purple Heart, which was sent to his mother.  She never shared it with him and it has never been recovered.  Any award was lost in the fire at the National Personnel Records Center in 1973.  He did not realize the award was not listed on his report of separation until he needed proof of it for Veterans Administration Healthcare

3.  The applicant provides copies of his WD AGO Form 53-55 (Honorable Discharge) and a January 1945 newspaper article from his local paper reporting he was wounded in action.

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 WD AGO Form 53-55 shows in:

	a.  item 6 (Organization):  78th Infantry Division; 

	b.  Item 32 (Battles and Campaigns):  Ardennes, Central Europe, and Rhineland, GO 33, WD 45 as amended;

	c.  Item 33 (Decorations and Citations) and Item 55 (Remarks):  European-African-Middle Eastern (EAME) Campaign Medal, Good Conduct Medal, World War II Victory Medal, and Lapel Button issued; 

	d.  Item 34 (Wounds):  None; and

	e.  Item 36 (Service Outside Continental U.S. and Return):  service in the European Theater of Operations (ETO) from 14 October 1944 to 28 March 1946.

3.  A health record research project, commonly referred to as the "SGO Files," involved transposing the hospital admission card data from World War II onto magnetic tape.  In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC).  The availability of the information to the NPRC received considerable publicity by the various veterans' service organizations.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.

4.  The SGO files show the applicant was hospitalized on 30 January 1945 as a battle casualty.  He was diagnosed with a blast injury (sudden high pressure from air or water) to his tympanic membrane [ear drum] and Otitis Externa [an infection of the external auditory canal], which resulted from the blast effects of a gun.  He was discharged in February 1945.

5.  Army Regulation 600-8-22 (Military Awards):

	a.   provides that the Purple Heart is awarded for a wound sustained 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 by a medical officer, and the medical treatment must have been made a matter of official record.

	b.  provides for the wear of a bronze service star on the European-African-Middle Eastern Campaign Medal for participation in each campaign. 

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II.  This document shows the 78th Infantry Division served in the ETO during World War II.  This pamphlet further shows that during the period of the applicant's assignment with this division, it was awarded the Army of Occupation Medal with Germany Clasp.

7.  The applicant provides a copy of a newspaper article reporting he was wounded in action on 30 January 1945 in Germany.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show award of the Purple Heart.

2.  Records clearly show the applicant was hospitalized as a battle casualty.  Therefore, his WD AGO Form 53-55 should be corrected to show the Purple Heart and item 34 changed to read:  Blast injury to his tympanic membrane [ear drum], 30 January 1945.

3.  The available evidence indicates the applicant participated in three campaigns.  Therefore his WD AGO Form 53-55 should be corrected to show authorization of three bronze service stars to be worn on the European-African-Middle Eastern Campaign Medal.  

4.  Records show the applicant’s unit was awarded the Army of Occupation Medal with Germany Clasp.  

5.  His WD AGO Form 53-55 should be corrected to show these awards.

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.  adding the following awards to the list of awards in item 33 of the applicant’s WD AGO Form 53-55:

* Purple Heart
* European-African-Middle Eastern Campaign Medal with three bronze service stars
* Army of Occupation Medal with Germany Clasp; and

	b.  adding to item 34:  Blast injury to his tympanic membrane [ear drum] 
30 January 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)                                         AR20100016722



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ABCMR Record of Proceedings (cont)                                          R20110005903



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