IN THE CASE OF:	  

		BOARD DATE:	  13 March 2012

		DOCKET NUMBER:  AR20110018035 


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 Separation – Honorable Discharge) to show award of the Purple Heart and two “battle stars” [currently known as bronze service stars] for participation in "Arendsee to Bretsch."

2.  He states he was hit in his right leg while his unit, the 771st Tank Battalion, was crossing the Roer River, which borders on Belgium or Holland.  His leg has never healed up to this day. He also injured his right hand near the Rhine River and he now has two deformed fingers from loading guns.

3.  He provides his WD AGO Form 53-55 with Honorable Discharge Certificate, WD AGO Form 100 (Separation Qualification Record), and history of the 771st Tank Battalion during World War II.  

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 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 applicant'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 applicant’s WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active service on 23 August 1944.  He served in the European-African-Middle Eastern theater from 31 January 1945 to 13 April 1946.  

4.  His WD AGO Form 53-55 also shows in:

* item 6 (Organization), he was assigned to Company C, 771st Tank Battalion
* item 32 (Battles and Campaigns), the Rhineland and Central Europe campaigns
* item 33 (Decorations and Citations), the World War II Victory Medal, Army Good Conduct Medal, European-African-Middle Eastern Campaign Medal with two bronze service stars, and Bronze Star Medal
* item 34 (Wounds Received in Action), the entry “None”

5.  His WD AGO Form 100 shows he served as a tank driver in the European Theater of Operations for 15 months with Company C, 771st Tank Battalion.  

6.  The Office of the Surgeon General files (commonly referred to as the SGO files), a health record research project, involved transposing hospital admission card data from the periods of World War II and the Korean Conflict onto magnetic tape.  In 1988, the National Research Council made these tape files available to the NPRC.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.  The best available estimation of the completeness of this project is that it captured at least 95 percent of all combat casualty hospital admissions.  A search of these files found the applicant had been admitted to a general hospital on 17 May 1945 in the European Theater of Operations for nasopharyngitis, acute (also referred to as the common cold) and reaction to tetanus antitoxin.  



7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II.  This pamphlet shows the 771st Tank Battalion:

* received credit for participating in the Ardennes-Alsace, Central Europe, and Rhineland campaigns
* received occupation credit for Germany for the period 2 May to 30 October 1945

8.  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.

9.  Army Regulation 600-8-22 authorizes a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the European-African-Middle Eastern Campaign Medal.

10.  Army Regulation 600-8-22 states that for award of the Army of Occupation Medal with Germany Clasp qualifying service must have occurred between 9 May 1945 and 5 May 1955.  Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was hit in his right leg while his unit was crossing the Roer River and injured his right hand.  However, the SGO files show he was treated for nasopharyngitis, acute and reactions to tetanus antitoxin in the European theater of operations.

2.  His service record is void of evidence and medical documentation which indicates the applicant was wounded as a result of hostile action during World War II.  In addition, his WD AGO Form 53-55 does not reflect he received any wounds in action.

3.  In the absence of corroborating evidence of record which shows the applicant was wounded or injured as a result of hostile action during World War II, there is insufficient evidence upon which to base award of the Purple Heart in this case.

4.  His WD AGO Form 53-55 shows he received credit for participation in the Rhineland and Central Europe campaigns.  However, Department of the Army Pamphlet 672-1 does not indicate the 771st Tank Battalion received credit for participation in Arendsee to Bretsch.

5.  However, his unit in the European Theater of Operations did receive credit for participation in the Ardennes-Alsace, Central Europe, and Rhineland campaigns.  Therefore, he is eligible for three bronze service stars for wear on his European-African-Middle Eastern Service Medal.  Additionally, his WD AGO Form 53-55 should be amended to reflect the Ardennes-Alsace campaign in item 32.  

6.  The applicant’s unit, the 771st Tank Battalion, received occupation credit for Germany; therefore, he is entitled to award of the Army of Occupation Medal with Germany Clasp.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  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 partial relief.  As a result, the Board recommends that the WD AGO Form 53-55 of the individual concerned be corrected by:

   a.  deleting the European-African-Middle Eastern Campaign Medal with two bronze service stars from item 33;
   
   b.  adding the Ardennes-Alsace campaign to item 32; and 
   
   c.  adding award of the European-African-Middle Eastern Campaign Medal with three bronze service stars and Army of Occupation Medal with Germany Clasp to item 33.
2.  The Board further determined that 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 award of the Purple Heart and showing bronze service stars for participation in Arendsee to Bretsch.



      _______ _   _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)                                         AR20110018035





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ABCMR Record of Proceedings (cont)                                         AR20110018035



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