IN THE CASE OF:	  

		BOARD DATE:  26 April 2012

		DOCKET NUMBER:  AR20110020438 


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 records to show award of the Purple Heart.

2.  He states he received wounds in World War II. 

3.  He provides:

* his Honorable Discharge Certificate
* his Certification of Military Service
* his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge)
* hospital admission card data printout
  
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 his records were lost or destroyed in that fire.  However, there are sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The available evidence shows he was inducted into the Army on 18 January 1943.  He was awarded military occupational specialty number 745 (Squad Leader).  He attained the rank of staff sergeant.

4.  His WD AGO Form 53-55 shows he was discharged on 17 December 1945 due to demobilization after completing 2 years and 11 months of active service.

5.  His WD AGO Form 53-55 shows he served in the European-African-Middle Eastern Theater of Operations (EAMETO) from 21 January 1945 to 20 September 1945.  He was credited with participation in the Central Europe campaign.  This form shows he returned to the United States on 8 October 1945.

6.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows the American Theater of Operations Medal, EAMETO Medal, Good Conduct Medal, World War II Victory Medal, and Combat Infantryman Badge.  This form does not list the Bronze Star Medal.

7.  Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 contains the entry "None."

8.  A health record research project, commonly referred to as the "Surgeon General's Office Files," involved transposing the hospital admission card data from the periods of World War II and the Korean War onto magnetic tape.  These files show the applicant was admitted to a hospital on 5 April 1945.  He was treated for perforating wound(s) in the thorax area, hemothorax, and chronic adhesive pleuritis.  The causative agent was bullet or missile battle casualty injuries with the final results being the loss of part of his ribs.  His total time in the hospital was 171 days.  No other medical records are available for review.

9.  His available records do not contain orders or a recommendation for award of the Purple Heart or the Bronze Star Medal.


10.  Army Regulation 600-45 (Decorations), then in effect, which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, 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. 

11.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify 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.  A review of his available documents indicates he is entitled to additional awards which are not shown on his WD AGO 53-55.

13.  Army Regulation 600-8-22 provides that 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 such 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.

14.  Army Regulation 600-8-22 provides that bronze service stars are worn on campaign and service medals to denote participation in a named campaign and on the service ribbons to denote an additional award.  Named campaigns are listed in appendix B.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, which in this case is the European-African-Middle Eastern Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  His WD AGO Form 53-55 does not list any wounds received in action.  However, hospital admission card data shows he was admitted to a hospital on 5 April 1945 where he was treated for battle casualty injuries which resulted in 


the loss of part of his ribs with a hospital stay of 171 days.  Therefore, there is sufficient evidence to show he is entitled to award of the Purple Heart and correction of his records to show this award.

2.  Based on his award of the Combat Infantryman Badge he is entitled to award of the Bronze Star Medal.  Therefore, he is entitled to have this award added to his WD AGO Form 53-55.

3.  His WD AGO Form 53-55 shows he served in the Central Europe campaign in the European-African-Middle Eastern Theater.  As such, he is entitled to have one bronze service star added to his European-African-Middle Eastern Campaign Medal shown on his WD AGO Form 53-55.

4.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below.

BOARD VOTE:

___X  ___  ___X____  _   _X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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.  awarding him the Purple Heart for wounds received on 5 April 1945 and the Bronze Star Medal based upon award of the Combat Infantryman Badge;

	b.  deleting the European-African-Middle Eastern Campaign Medal from his WD AGO Form 53-55; and


   c.  adding to his WD AGO Form 53-55 the Purple Heart, Bronze Star Medal, and the European-African-Middle Eastern Campaign Medal with one bronze service star.


      __________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)                                         AR20110020438



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ABCMR Record of Proceedings (cont)                                         AR20110020438



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