IN THE CASE OF:	  

		BOARD DATE:	  15 December 2011

		DOCKET NUMBER:  AR20110012477 


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 daughter of a deceased former service member (FSM), requests the Purple Heart be added to her late father's WD AGO Form 53-55 (Enlisted Record and Report of Separation). 

2.  The applicant states:

* Her father received the Purple Heart but she can't find proof so she can have it placed on his grave marker
* He was wounded in Germany
* He led patrols to obtain information concerning the location and strength of enemy forces
* He had a shrapnel wound to his left ankle and head  

3.  The applicant provides:

* Documentation from the Social Security Administration
* Her birth certificate
* The FSM's WD AGO Form 100 (Separation Qualification Record), WD AGO Form 53-55, and death certificate

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 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 documents remaining in a reconstructed record 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 on 20 August 1943.  He served as a rifleman in the European Theater of Operations from March 1944 to June 1945.  He was honorably discharged on 19 September 1945.

4.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Normandy, Northern France, and Rhineland campaigns.  Item 33 (Decorations and Citations) shows the European-African-Middle-Eastern (EAME) Campaign Medal.  His WD AGO Form 53-55 also shows he received the Combat Infantryman Badge. 

5.  There are no orders for the Purple Heart in the available records.  However, item 34 (Wounds Received in Action) of his WD AGO Form 53-55 shows the entry "7 Oct 44 [October 1944] European Theater."   

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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 medical personnel, and the medical treatment must have been made a matter of official record.

7.  Army Regulation 600-45 (Decorations), effective 13 October 1949, provided in pertinent part, that 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.

8.  Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 of the WD AGO Form 53-55.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The entry in item 34 of the FSM's WD AGO Form 53-55 which shows he was wounded in action on 7 October 1944 in the European Theater is accepted as sufficient evidence on which to add the Purple Heart to his WD AGO Form 53-55.

2.  Based on his Combat Infantryman Badge, the FSM is entitled to award of the Bronze Star Medal.  His WD AGO Form 53-55 should be corrected to show this medal.  

3.  His WD AGO Form 53-55 shows the EAME Campaign Medal as an authorized award.  However, he participated in three battles and campaigns during World War II which makes him eligible for three bronze service stars for wear on his already-awarded EAME Campaign Medal.  Therefore, his WD AGO Form 53-55 should be corrected to show the EAME Campaign Medal with three bronze service stars.

4.  The FSM served a period of qualifying service for award of the World War II Victory Medal.  Therefore, this medal should be added to his WD AGO Form 53-55.

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 adding the Purple Heart, Bronze Star Medal (based on award of the Combat Infantryman Badge), World War II Victory Medal, and three bronze service stars for wear on his already-awarded EAME Campaign Medal in item 33 of his WD AGO Form 53-55.



      _______ _  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)                                         AR20110012477





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ABCMR Record of Proceedings (cont)                                         AR20110012477



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