IN THE CASE OF:	  

		BOARD DATE:	  18 April 2012

		DOCKET NUMBER:  AR20110019637 


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 spouse of a former service member (FSM), requests correction of her husband's WD AGO Form 55 (Army of the United States Honorable Discharge) to show award of the Purple Heart.

2.  The applicant states the FSM earned the Purple Heart due to injuries he received in combat during World War II.  She contends he was assigned to the 9th Infantry Division and attached to the 635th Tank Battalion.  The FSM was wounded and other members were killed when the tank he was assigned to was destroyed by enemy fire.  He was hospitalized in the Percy Jones General and Convalescent Hospital, Battle Creek, MI, for several months before being discharged from the Army.

3.  The applicant provides no additional evidence.

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 records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The FSM enlisted in the Regular Army on 9 December 1941.

4.  His available medical records contain the following documentation.

	a.  A note with his name and service number, dated 14 November 1944, states, "This patient examined today by the Psychiatric Board for screening of combat exhaustion cases.  It is the general opinion that he should be sent back to a hospital in England for further therapy and disposition."

	b.  Progress Notes, dated 30 December 1944, state the FSM began to experience headaches shortly after his arrival overseas in February 1944.  Those headaches became worse following several months of exposure to combat conditions.  The medical impression was psychoneurosis, conversion hysteria.

	c.  A DD Form 55B (Chief Complaint – Condition on Admission – Previous Personal History) states the FSM was "inducted" into the Army on 1 December 1941, received basic Infantry training, and was then transferred to a tank destroyer unit.  During January 1944, he was shipped overseas to England and on 8 June 1944 went into France.  He was in combat as a gunner for 64 days and had no absent without leave (AWOL) time or courts-martial.

	d.  A History of Present Illness, dated 5 January 1945, shows the FSM reported he had always been nervous but more so in combat.  Further, in July 1944 he was knocked unconscious by a shell blast in France, treated at an evacuation hospital, and then returned to duty.  He was knocked unconscious again during a bombing in August 1944 and he became tenser.  He was hospitalized, his nervousness and tremulousness became worse, and he began having battle dreams.  He was evacuated for further treatment and disposition.  A special examination found he suffered from moderate anxiety-state psychoneurosis manifested by battle dreams, tremulousness, headaches, and nervousness.

	e.  On 9 February 1945, a special examination reported in the "Army History" section, the FSM was evacuated after two experiences of shell concussion.  He had been in combat for 16 continuous days, given rest for 1 1/2 days, and then returned to combat for another 27 days.

	f.  On 16 March 1945, the FSM was presented to a Neuro-Psychiatric (NP) Conference for review of his history and findings.  The conference found the FSM was twice knocked unconscious by exploding shells.  He became tremulous, nervous, and suffered from startle reaction and battle dreams with a history of rather frequent depressions.  He was diagnosed with moderate mixed-type psychoneurosis manifested by tension, anxiety, and depression of a reactive nature determined to be in the line of duty.  The medical impression was that he had received the maximum benefit from the medical facility and should be separated from military service.  On the same day, a disposition board concurred with the findings of the NP Conference.

5.  His Certificate of Disability for Discharge shows he was found unfit for military service because of moderate mixed-type psychoneurosis.  He was honorably discharged by reason of disability on 29 March 1945 while assigned to the Percy Jones General and Convalescent Hospital, Battle Creek, MI.  His WD AGO Form 55 shows:

	a.  he completed 3 years, 3 months, and 21 days of service;

	b.  the highest grade he held was corporal from 2 November 1943 to 16 June 1944;

	c.  he arrived in the European theater of operations on 18 February 1944 and returned to the United States on 30 December 1944;

	d.  he participated in the Normandy and Northern France Campaigns;

	e.  he was authorized the European African Middle Eastern Campaign Ribbon, American Defense Ribbon, two bronze campaign stars, and Army Lapel Button; and

	f.  he was not wounded during his service.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Purple Heart is awarded to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the United States.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required medical treatment, and the medical treatment must have been made a matter of official record.  A second award of the Purple Heart is denoted by an oak leaf cluster.

	b.  A wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed above.  A physical lesion is not required, however, the wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  Concussion injuries caused as a result of enemy generated explosions clearly justify award of the Purple Heart.

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

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 man 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."  The fact that an enlisted man was entitled to an Army Good Conduct Medal or clasp would be noted under "remarks" of the discharge certificate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the FSM's service record be corrected to show award of the Purple Heart.

2.  The evidence of record shows the FSM was knocked unconscious by exploding shells in July and August 1944, resulting in shell concussions.  The specific treatment records relating to these injuries were not available for review but other medical documentation confirms he was treated and returned to duty after the first incident and evacuated after the second injury.  Further, both injuries were the result of combat action.  Therefore, it would be appropriate to show these two wounds on his WD AGO Form 55 and to award him the Purple Heart for injuries sustained in action in July 1944 and Purple Heart with 1st Oak Leaf Cluster for injuries sustained in action in August 1944.

3.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 29 March 1945.  Although his records are not available, the information contained in his medical records clearly states he had no lost time due to AWOL or courts-martial and suggests that he served honorably and met the basic qualifications for award of the Army Good Conduct Medal.  As such, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 9 December 1941 to 8 December 1944 and to add this medal to his discharge document.

4.  The evidence of record shows the FSM served a qualifying period of service for entitlement to the World War II Victory Medal.  Therefore, he is entitled to award of the World War II Victory Medal and correction of his WD AGO Form 55 to show this award.

5.  In view of the above, the applicant's request should be granted.

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.  posthumously awarding the FSM the:

* Purple Heart for injuries sustained in action in July 1944
* Purple Heart (2nd Award) for injuries sustained in action in August 1944
* Army Good Conduct Medal (1st Award) for the period 9 December 1941 to 8 December 1944

	b.  amending the FSM's WD AGO Form 55 to add:

* Purple Heart (2nd Award)
* Army Good Conduct Medal (1st Award)
* World War II Victory Medal

	c.  amending the FSM's WD AGO Form 55 to show he sustained concussion injuries in July and August 1944.



      _____________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)                                         AR20110019637



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ABCMR Record of Proceedings (cont)                                         AR20110019637



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