IN THE CASE OF:	  

		BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110006253 


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 award of the Purple Heart and its addition to his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge).

2.  He states that he never received the Purple Heart for the wound he suffered while serving in Germany during World War II.  He is providing a copy of the telegram to his mother and other evidence proving that he should have received the Purple Heart for the wound he received.  Item 31 (Military Qualification and Date) of his WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge.  This was because he was in an infantry unit and fought until the end of the war and then became a medical laboratory technician.  During his time in the infantry unit he was wounded.

3.  He provides:

* Western Union telegram
* WD AGO Form 53-55
* A roster of Soldiers from Neshoba, MS, listing their military awards

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 that the applicant’s records were destroyed in that fire.  However, a reconstructed record contains sufficient documentation, with evidence provided by the applicant, for the Board to conduct a fair and impartial review of this case.  

3.  His available records show that he was inducted into the Army of the United States on 10 November 1942 and he entered active service on 17 November 1942.  He served in the European-African-Middle Eastern Theater of Operations from 8 September 1944 to 1 January 1946.

4.  He provided a copy of a Western Union telegram, dated 4 December (year not specified), wherein his mother was informed that he had been slightly wounded in action in Germany on 19 November.  

5.  He was honorably discharged from active duty, in the rank of technician four, on 15 January 1946, for the convenience of the Government at demobilization. 

6.  Item 6 (Organization) of his WD AGO Form 53-55 listed Company F, 415th Infantry and Item 30 (Military Occupational Specialty and Number) listed Medical Laboratory Technician, 858.

7.  Item 31 of his WD AGO Form 53-55 lists the Combat Infantryman Badge and Marksman Marksmanship Qualification Badge with Rifle Bar.  

8.  Item 32 (Battle and Campaigns) shows he participated in the Northern France and Rhineland campaigns.

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

* European-African-Middle Eastern Campaign Medal


* Army Good Conduct Medal
* World War II Victory Medal

10.  Item 34 (Wounds Received in Action) contains the entry, “None.”

11.  Item 55 (Remarks) of his WD AGO Form 53-55 lists the Honorable Service Lapel Button.

12.  There are no orders in his available service personnel records that show he was recommended for or awarded the Purple Heart.

13.  He also provided a copy of a roster of Soldiers from Neshoba, MS, which stated he was wounded in action in Germany on 19 November 1944 and listed his awards to include the Purple Heart.

14.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against the 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.

15.  Army Regulation 600-8-22 states the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal was 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 or whose achievement or service during that period was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge was considered to be a citation in orders.  That meant, in effect, the Bronze Star Medal was to be awarded to individuals who were authorized either badge for service during World War II.

16.  Army Regulation 600-8-22 also authorized a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and 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 available evidence confirms the applicant was wounded in action in Germany on 19 November (1944).  Therefore, he is entitled to award of the 
Purple Heart and its addition to his WD AGO Form 53-55.  He is also entitled to correction to Item 34 of his WD AGO Form 53-55 to show the entry, “Wounded in Action in Germany, 19 November 1944.”

2.  The available evidence also confirms he was awarded the Combat Infantryman Badge. Therefore, based on regulatory guidance, he is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his separation document to show this award.

3.  The available evidence further confirms he participated in the Northern France and Rhineland campaigns.  Therefore, he is entitled to two bronze service stars for wear on 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 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.  awarding the applicant the Purple Heart for wounds received as a result of enemy action on 19 November 1944 in Germany;

	b.  awarding him the Bronze Star Medal based upon award of the Combat Infantryman Badge;

	c.  deleting from Item 33 of his WD AGO Form 53-55 the European-African-Middle Eastern Campaign Medal; 

	d.  adding to Item 33 of his WD AGO Form 53-55 the Purple Heart, Bronze Star Medal, and European-African-Middle Eastern Campaign Medal with two bronze service stars; and 


	e.  adding to Item 34 of his WD AGO Form 53-55 the entry, “Wounded in Action in Germany, 19 November 1944.”



      _______ _   _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)                                         AR20110006253





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ABCMR Record of Proceedings (cont)                                         AR20110006253



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