BOARD DATE:	  10 January 2012

		DOCKET NUMBER:  AR20110012890 


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, in effect, correction of item 33 (Decorations and Citations) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show his award of the Purple Heart.

2.  He states, in effect, he was wounded in April 1944 in Italy and the Purple Heart was not listed on his WD AGO Form 53-55.

3.  He provides:

* his WD AGO Form 53-55
* a DA Form 1577 (Authorization for Issuance of Awards), dated 13 June 1963
* a Purple Heart Certificate, dated 13 June 1963
* correspondence from the Army World War II Section, Military Personnel Records Center, St. Louis, MO, dated 27 June 1963
* a letter from him to The Adjutant General, Washington, D.C., dated
13 May 1963
* his WD AGO Form 100 (Separation Qualification Record)
* a document showing he filed his discharge with a county in Texas on
26 August 1946


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 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 he provides and general orders obtained from the Army Human Resources Command Awards and Decorations Branch.

3.  The applicant was inducted into the Army of the United States on 25 November 1942 and he entered active service on 4 December 1942.  The WD AGO Form 100 he provides shows he was trained as an infantryman and served in infantry military occupational specialties throughout his service.

4.  He was honorably discharged on 29 October 1945 after completing 2 years, 10 months, and 26 days of active military service.  The WD AGO Form 53-55 he was issued at the time shows in:

* item 32 (Battles and Campaigns) he participated in the Apennines, Po Valley, and Rome-Arno campaigns
* item 33 the:

* European-African-Middle Eastern (EAME) Ribbon (now known as the EAME Campaign Medal)
* Infantryman's Badge
* Bronze Star Medal
* Army Good Conduct Medal


* item 33 the Infantryman's Badge was authorized by General Orders Number 25, issued by Headquarters, 337th Infantry Regiment, dated 25 May (year not shown)
* item 34 (Wounds Received in Action) the entry "None"
* item 36 (Service Outside Continental U.S. and Return) he arrived in the European Theater of Operations (ETO) on 9 January 1944 and he departed the ETO on 20 August 1945 en route to the United States

5.  General Orders Number 25, issued by Headquarters, 337th Infantry, dated 25 May 1944, awarded the applicant the Combat Infantryman Badge effective the same date.

6.  In a letter to The Adjutant General, dated 13 May 1963, the applicant stated that on 29 October 1945 he was honorably separated from the U.S. Army; however, no entry had been made on his WD AGO Form 53-55 to indicate he had received the Purple Heart.  He stated he was wounded in the right eye and right knee in April 1944 while on night patrol during the battle of the Apennines in Italy.  He stated he was not hospitalized, but he received a letter informing him the Purple Heart had been awarded to him and made a matter of record.  He requested correction of his WD AGO Form 53-55 to show this award.

7.  A Purple Heart Certificate shows he was awarded the Purple Heart for wounds received in action in Italy on 8 May 1944.  The certificate shows it was issued on 13 June 1963 and bears the signatures of the individuals serving as The Adjutant General and Secretary of the Army at the time.

8.  A DA Form 1577 shows he was authorized issuance of the Purple Heart on 13 June 1963.

9.  In a letter dated 27 June 1963, the Military Personnel Records Center, St. Louis, MO, informed him the Center was returning his discharge certificate because only original discharge certificates could be amended.  It further states if he will send his original discharge certificate his request for amending it to show that he received the Purple would be considered.

10.  The available records do not include orders awarding him the Purple Heart. 

11.  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.

12.  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 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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

13.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the EAME Campaign Medal, for each credited campaign.

14.  Army Regulation 600-8-22 states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

15.  Technical Manual 12-235 (Enlisted Personnel – Discharge Procedures and Preparation of Separation Forms), in effect at the time, provided instructions for completing the WD AGO Form 53-55.  It states for item 34, enter the date of date wounded and theater.

DISCUSSION AND CONCLUSIONS:

1.  The available record shows in 1963 The Adjutant General verified the applicant was entitled to the Purple Heart for wounds he received in action in Italy on 8 May 1944 and authorized issuance of the award to him.  It appears his WD AGO Form 53-55 was not updated to show the award at that time because he had not provided the original document.  Therefore, it would be appropriate at this time to correct the applicant's WD AGO Form 53-55 to show the Purple Heart and to show he was wounded in action in the ETO on 8 May 1944.

2.  General orders awarded him the Combat Infantryman Badge for his service in Italy on 30 May 1944.  Therefore, it would be appropriate to correct his WD AGO Form 53-55 to show the complete name of this badge.

3.  Based on his award of the Combat Infantryman Badge, he is entitled to an additional award of the Bronze Star Medal.  Therefore, his WD AGO Form 53-55 should be corrected to show the Bronze Star Medal (2d Award).

4.  The applicant served in three campaigns in the ETO.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded EAME Campaign Medal and correction of his WD AGO Form 53-55 to show these bronze service stars.

5.  He served during the period of eligibility for the World War II Victory Medal.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this award.

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.  deleting the entries in item 33 of his WD AGO Form 53-55;

	b.  awarding him the Bronze Star Medal (2d Award) based on his award of the Combat Infantryman Badge;

	c.  adding to item 33 of his WD AGO Form 53-55 the:

* Bronze Star Medal (2d Award)
* Purple Heart
* Army Good Conduct Medal
* EAME Campaign Medal with three bronze service stars
* World War II Victory Medal
* Combat Infantryman Badge

	d.  deleting from item 34 of his WD AGO Form 53-55 the entry "None" and replacing it with the entry "8 May 1944, European Theater of Operations."



      ___________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)                                         AR20110012890



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110012890



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1