IN THE CASE OF:	  

		BOARD DATE:	  8 December 2011

		DOCKET NUMBER:  AR20110012254 


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 son of a deceased former service member (FSM), requests correction of the FSM's discharge document to show all of his authorized awards and decorations, including the Purple Heart.

2.  The applicant states the FSM served in the Army during World War II.  He was assigned to Company B, 361st Infantry Regiment and he was wounded in action.

3.  The applicant provides:

* the FSM's War Department (WD) AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge)
* the FSM's Certificate of Death
* his Certificate of Birth

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 service 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 available documents for the Board to conduct a fair and impartial review of this case.

3.  The FSM was inducted into the Army of the United States and he entered active service on 5 May 1944.

4.  The FSM's WD AGO Form 53-55 shows he was honorably discharged on
18 October 1945 based on a Certificate of Disability for Discharge.  He completed 9 months and 6 days of continental service; 8 months and 8 days of foreign service; and 1 year, 5 months, and 14 days of total service.  It also shows in:

	a.  item 6 (Organization) the entry Company B, 361st Infantry Regiment;

	b.  item 30 (Military Occupational Specialty and Number) the entry Rifleman 745;

	c.  item 31 (Military Qualification and Date) the entry Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Combat Infantryman Badge;

	d.  item 32 (Battles and Campaigns) the entry North Apennines and Po Valley;

	e.  item 33 (Decorations and Citations), coupled with item 55 (Remarks) the European-African-Middle Eastern Campaign Medal with 2 bronze service stars and the Army Lapel Button;

	f.  item 34 (Wounds Received in Action) the entry European-African-Middle Eastern Theater, 16 April 1945;


	g.  item 36 (Service Outside Continental United States and Return) he served in the European Theater of Operations (ETO) from 8 November 1944 to 9 June 1945; and

	h.  item 55 he had no time lost.

5.  Review of the U.S. Army, Surgeon General’s Office, Hospitalization Admission Cards for the Year 1945 shows the FSM was admitted to an Army Medical Treatment Facility on 16 April 1945 and he received treatment for wounds sustained in combat while serving in the ETO as a result of a booby trap.

6.  The FSM's available military service records do not contain any evidence of adverse information or disqualification for the Army Good Conduct Medal.

7.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, 1 year of continuous active Federal military service completed while the United States was at war.  The award would not be made to an enlisted Soldier whose records, during the required period of service, disclosed a conviction by any court-martial, or to one whose character or efficiency was rated below "excellent."

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Purple Heart is awarded to any member who has been wounded or killed in action.  A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  In order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

	b.  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 is 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 is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

	c.  The World War II Victory Medal is awarded for service between
7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  Available records show the FSM was wounded in action on 16 April 1945 in the ETO.  Therefore, it would be appropriate to posthumously award the FSM the Purple Heart and to correct his WD AGO Form 53-55 to show this award.

2.  The FSM was awarded the Combat Infantryman Badge for exemplary conduct in action against the enemy during World War II.  An award of the Combat Infantryman Badge is considered to be a citation in orders.  Therefore, it would be appropriate award the FSM the Bronze Star Medal based on award of the Combat Infantryman Badge and to correct the FSM's WD AGO Form 53-55 to show this award.

3.  The FSM served during a qualifying period of service for the World War II Victory Medal.  Therefore, the FSM's WD AGO Form 53-55 should be corrected to show this award.

4.  The FSM served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 4 May 1944 to 18 October 1945.

	a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

	b.  Based on the available evidence, it would be appropriate to award the FSM this medal.

BOARD VOTE:

___X___  ___X____  __X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  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.  Posthumously awarding the FSM the Purple Heart for wounds received in action in the European Theater of Operations on 16 April 1945;

	b.  Posthumously awarding the FSM the Bronze Star Medal based on award of the Combat Infantryman Badge;

	c.  Posthumously awarding the FSM the Army Good Conduct Medal
(1st Award) for the period 5 May 1944 through 18 October 1945; and

	d.  adding to item 33 of the FSM's WD AGO Form 53-55 the:

* Bronze Star Medal
* Purple Heart
* Army Good Conduct Medal (1st Award)
* World War II Victory Medal

2.  The Board wants the applicant and all others to know that the sacrifices the FSM made in service to the United States during World War II are deeply appreciated.  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)                                         AR20110012254



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ABCMR Record of Proceedings (cont)                                         AR20110012254



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