IN THE CASE OF:	   

		BOARD DATE:	  15 November 2011

		DOCKET NUMBER:  AR20110010134 


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 the records of his deceased father, a former service member (FSM), to show battle and campaign credits, wounds received in action, and the Purple Heart. 

2.  He states the FSM's discharge records do not show the proper entries for being wounded in action or the Purple Heart.  He states the paperwork is contradictory from one form to another.  

3.  He provides a:

* Certified Copy of Birth Record
* Department of Veterans Affairs identification card
* Washington Driver License
* WD AGO Form 100 (Separation Qualification Record)
* WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge)
* WD AGO Form 40 (Certificate of Disability for Discharge)
* Veterans Administration Form 3101 (Request for Army Information)
* WD Form 370 (Final Statement)
* certification of entitlement to mustering out payment
* WD From 372A (Final Payment - Work Sheet
* printout of a webpage containing information pertaining to the FSM from the Social Security Death Index


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 complete military record is not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed most of his records were lost or destroyed in that fire.  This case is being considered using the documents the applicant provides and documents in the FSM's reconstructed NPRC file.

3.  The available records show that, after a period of service in the National Guard, the FSM entered active service as a member of the Army of the United States on 25 March 1943.  He enlisted in the Regular Army on 29 January 1946, and he was honorably discharged with a Certificate of Disability for Discharge on 6 January 1947.

4.  The available records do not include a WD AGO Form 53-55 covering his service from 25 March 1943 to 28 January 1946. 

5.  The FSM's WD AGO Form 100 shows he served as a:

* private for 3 and 1/4 months while completing Infantry Basic Training
* technician 5th class for 4 months in the toolkeeper military occupational specialty (MOS)
* technician 4th class for 27 months in the general carpenter and bridge builder MOSs
* staff sergeant for 4 months in the construction foreman MOS

6.  Item 19 (Title - Description - Related Civilian Occupation) of his WD AGO Form 100 shows he served as a:

* general carpenter and bridge builder in the European Theater of Operations with the 1263d Engineer Battalion 
* construction foreman in the 288th Engineer Battalion
* operations chief assigned to the Munich Area Engineers

7.  A War Department Form 370 (Final Statement) shows, on 28 January 1946, the day prior to his enlistment in the Regular Army, he was assigned to Company A, 1263d Engineer Combat Battalion.  

8.  The FSM's Certificate of Disability for Discharge shows a Board of Medical Officers convened on 6 November 1946 and found him unfit for military service because of "amputation stump, traumatic, complete, thumb, distal phalanx, index, middle and ring fingers, right, accidentally incurred when deactivating a land mine, 20 July 1946, Germany."  The form shows he also incurred the following injuries resulting from the incident:

* wound, penetrating, thigh, right
* fracture, compound, comminuted, complete, 4th metacarpal, right
* ankylosis, bony, complete, interphalangeal joint, little finger, secondary to wound, lacerating, hand, right

9.  He was honorably discharged on 6 January 1947.  The WD AGO Form 53-55 issued at that time shows in:

* item 32 (Battles and Campaigns) - "None"
* item 33 (Decorations and Citations) - 

* European-African Middle Eastern Theatre Ribbon
* World War II Victory Medal
* Good Conduct Medal 
* Army of Occupation Medal

* item 34 (Wounds Received in Action) - "None"

10.  Army Regulation 600-8-22 (Military Awards) states 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 by medical personnel, and the medical treatment must have been made a matter of official record.  

   a.  The regulation states it is not intended that such a strict interpretation of the requirement for the wound or injury to be caused by direct result of hostile action be taken that it would preclude the award being made to deserving personnel.  Commanders must also take into consideration the circumstances surrounding an injury, even if it appears to meet the criteria.  The regulation provides the following examples of when the award would be warranted:  

In a case such as an individual injured while making a parachute landing from an aircraft that had been brought down by enemy fire; or, an individual injured as a result of a vehicle accident caused by enemy fire, the decision will be made in favor of the individual and the award will be made.

   b.  The regulation also provides examples of injuries or wounds which clearly do not justify award of the Purple Heart.  The list of examples includes "accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action."  

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the campaign and occupation credits and awards received by units during World War II and the Korean War.  The pamphlet shows the 1263d Engineer Combat Battalion was credited with participation in two campaigns:  Central Europe (22 March to 11 May 1945) and Rhineland (15 September 1944 to 21 March 1945).  The 1263d Engineer Combat Battalion was also credited with occupation service in Germany from 5 July to 31 October 1945.

12.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the European-African-Middle Eastern Campaign Medal, for each credited campaign

13.  Army Regulation 600-8-22 states Soldiers who served in the European Theater during the occupation of Europe will wear the Clasp inscribed "Germany."  

DISCUSSION AND CONCLUSIONS:

1.  The available records show the FSM was accidentally injured when deactivating a land mine on 20 July 1946 in Germany.  The available records do not show that his injuries were incurred while in action against an enemy or as a result of hostile action.  The criteria for award of the Purple Heart specify that accidental injuries, unless caused by enemy fire, do not justify the award.

2.  In the absence of documentation showing the FSM was injured in action against an enemy or as a result of hostile action, there is an insufficient basis upon which to award him the Purple Heart or to correct his WD AGO Form 53-55 to show he was wounded in action.  

3.  The available records show he served in the ETO as a general carpenter and bridge builder with the 1263rd Engineer Battalion.  Based on the information shown on his WD AGO Form 100, it appears this service began 7 and 1/4 months after he entered active duty, which means he may have arrived in the ETO as early as June 1944.  

4.  When he was discharged to enlist in the Regular Army, he would have been issued a WD AGO Form 53-55 covering his service from 25 March 1943 to 28 January 1946.  Any campaigns he participated in during this period would have been recorded in item 32 of this WD AGO Form 53-55.  Unfortunately, this form is not available, likely due to the 1973 fire at NPRC.  

5.  The record shows the 1263rd Engineer Battalion, and presumably he, participated in the Central Europe and Rhineland campaigns during his service with that unit.  There would be no harm in adding these campaigns to item 32 of the WD AGO Form 53-55 documenting the period of service ending 6 January 1947.  

6.  He participated in two campaigns during his service in the ETO.  Therefore, he is entitled to correction of his record to show two bronze service stars for wear with the previously-awarded European-African-Middle Eastern Campaign Medal.

7.  He received the Army of Occupation Medal for his service in the ETO with the 1263rd Engineer Battalion.  Therefore, he is entitled to correction of his record to show the Germany Clasp for wear with the Army of Occupation Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by making the following deletions from and additions to his WD AGO Form 53-55 for the period ending 6 January 1947:

	a.  delete "None" from item 32; 

	b.  add "Central Europe" and "Rhineland" to item 32;

	c.  delete "European-African Middle Eastern Theatre Ribbon" and "Army of Occupation Medal" from item 33; and

	d.  add "European-African-Middle Eastern Campaign Medal with two bronze service stars" and "Army of Occupation Medal with Germany Clasp" to item 33.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Purple Heart and adding an entry for wounds received in action to his WD AGO Form 53-55.

3.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices the FSM made in service to our Nation.  The applicant and all Americans should be justifiably proud of the FSM's service in arms.



      _____________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)                                         AR20110010134





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110010134



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1