IN THE CASE OF:	  

		BOARD DATE:	  24 May 2011

		DOCKET NUMBER:  AR20110008451 


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 Separations) to show awards of the:

* Purple Heart
* Bronze Star Medal
* Prisoner of War (POW) Medal

2.  The applicant states:

* he was improperly denied the Purple Heart due to lack of medical records
* he submitted the names of his witnesses in a sworn affidavit but they were never contacted
* he did not receive medical treatment for his wound because he was captured and taken as a POW
* he should receive the Bronze Star Medal based on his award of the Combat Infantryman Badge

3.  The applicant provides:

* WD AGO Form 53-55
* WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement)
* Department of Veterans Affairs Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative)
* Photographs
* various identification/service cards
* State driver license
* Affidavit

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 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 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.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 23 February 1943 and he entered active service at Fort Custer, MI, on 2 March 1943.  This form also shows at the time of separation he held military occupational specialty 610 (Anti-Tank Gun Crewman) and he was assigned to Headquarters Company, 3rd Battalion, 71st Infantry Regiment.

4.  His WD AGO Form 53-55 also shows he departed the Continental United States (CONUS) on 5 September 1944 and he arrived in the European Theater of Operations (ETO) on 15 September 1944.  He departed the ETO on 28 May 1945 and arrived back in CONUS on 9 June 1945.

5.  He completed 2 years of CONUS service and 9 months and 5 days of foreign service.  He was honorably discharged on 6 December 1945.

6.  Item 31 of his WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge and the Expert Infantryman Badge.

7.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in two campaigns during World War II (WWII):  Rhineland and Central Europe.

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

* World War II Victory Medal
* American Theater Ribbon
* European-African-Middle Eastern Campaign Medal with two bronze service stars
* One overseas service bar
* Good Conduct Medal

9.  Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 contains the entry "None."

10.  His service medical records are not available for review with this case.  

11.  The information from the Hospital Admissions Cards created by the Office of the Department of the Army Office of the Surgeon General (OTSG) for the Year 1945 shows the applicant sustained a rifle bullet wound that resulted in a compound fracture to his tibia, upper extremity in the ETO with a date of admission as 15 November 1944.

12.  He provides:

	a.  WD AGO Form 38 that shows he underwent a separation examination on 5 December 1945 at Fort Sheridan, IL.  This form shows:

* he had a shrapnel wound to his right wrist on 24 October 1944
* he bruised his right foot in March 1945
* he was held as a POW in Germany
* he did not receive the Purple Heart due to lack of records

	b.  Self-authored affidavit wherein he states that his entire company, including himself, were captured in Ratzwiler, France on 24 November 1944 during a surprise enemy attack.  During the attack, he sustained a shrapnel wound to his wrist.  He required treatment but was forced to treat his own wounds since there was no hospital.  He was placed at Stalag IV-B and endured cruel and unusual treatment by his captors.  Upon his liberation, he underwent various medical procedures.  He remained in captivity until June 1945 when he was turned over to the 79th Division of the American Army.

13.  The applicant's name is listed on the National Archives, WWII POW Data File for the period 7 December 1941 to 19 November 1946 as having been imprisoned at Stalag 4B Muhlberg Sachsen 51-13 and that he was returned to military control, liberated or repatriated.  The file lists the date of his POW status as 26 November 1944 and his parent unit as the "71st." 

14.  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 Bronze Star Medal is awarded to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Combat Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.

	c.  The POW Medal was authorized on 8 November 1985 and it is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

15.  Army Regulation 635-5 (Separations Documents) establishes the standardized policy for preparing and distributing discharge documents.  In pertinent part, it directs that, for a Soldier with POW documentation, enter "PRISONER OF WAR, (unit of assignment/country) (date of capture and release date)" in the Remarks section.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Purple Heart, Bronze Star Medal, and POW Medal.

2.  With respect to the Purple Heart:  

	a.  The information from the Hospital Admissions Cards created by OTSG for the Year 1945 shows the applicant sustained a rifle bullet wound that resulted in a compound fracture to his tibia, upper extremity in November 1944.  It is reasonable to believe this was the wound the applicant contends he sustained when he was captured.

	b.  His WD AGO Form 38, dated 5 December 1945 shows he suffered shrapnel wound to his right wrist on 21 October 1944 and that no medical treatment was available.  He did not receive the Purple Heart due to lack of records.  

	c.  The applicant appears to be entitled to two awards of the Purple Heart and should have his records corrected to show both awards. 

3.  With respect to the Bronze Star Medal, the evidence of record shows he was awarded the Combat Infantryman Badge.  Based on his entitlement to the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this award.

4.  With respect to the POW Medal, the available evidence shows the applicant was captured by enemy forces in France and held in a POW status on 26 November 1944.  Despite the lack of conclusive evidence of his release date from captivity, it appears that 27 May 1945 (one day before he departed the ETO on 28 May 1945) may be an appropriate date as an approximate date of his return to military control.  Therefore, it would be appropriate to award him the POW Medal, correct his WD AGO Form 53-55 to show his POW status and the POW 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:

* awarding two awards of the Purple Heart for wounds received in action in the European Theater of Operations on 21 October 1944 and November 1944 and issuing him Purple Heart certificates and medal set
* awarding him the Bronze Star Medal based upon award of the Combat Infantryman Badge
* adding to his WD AGO Form 53-55 the: 

* Purple Heart (2nd Award)
* Bronze Star Medal
* POW Medal

* adding to the Remarks section of his WD AGO Form 53-55 the entry "PRISONER OF WAR: 71st Infantry, Germany, 26 November 1944 to 27 May 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)                                         AR20110008451





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ABCMR Record of Proceedings (cont)                                         AR20110008451



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