IN THE CASE OF:	  

		BOARD DATE:	  12 June 2012

		DOCKET NUMBER:  AR20110024026 


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 issuance of a DD Form 215 (Correction to
DD Form 214) showing he was awarded the Purple Heart, Good Conduct Medal, European-African-Middle Eastern Campaign Medal with four bronze service stars, and World War II Victory Medal.

2.  The applicant defers to his counsel.

3.  The applicant provides a Standard Form (SF) 180 (Request Pertaining to Military Records), dated 26 October 2011; National Personnel Records Center (NPRC) letter, dated 14 November 2011; and his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant's WD AGO Form 53-55 to show the Purple Heart and World War II Victory Medal.

2.  Counsel states the applicant sent an SF 180 to the NPRC requesting a
DD Form 215 to show the Purple Heart, Good Conduct Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal with
4 bronze service stars, and World War II Victory Medal.

	a.  On 14 November 2011, the NPRC responded that "No record has been found to show that you [the applicant] are authorized the requested medals."

	b.  Counsel states that the applicant's WD AGO Form 53-55 does show his awards, although the European-African-Middle Eastern Campaign Medal is incorrectly titled as a service ribbon and does not show the four bronze service stars representing four campaigns.

	c.  He acknowledges that the applicant only had 11 months of continuous service in the continental United States and did not qualify for the American Campaign Medal.

	d.  He states, the Purple Heart is a different situation entirely.  He notes that, "No service record information would have been found because [the applicant's] service record would have been destroyed in [the] 1973 fire.  However, [the applicant's] service medical records and the 56th Evacuation Hospital Clinical Health Records would not have been destroyed."

	e.  Counsel asserts "[the applicant] was wounded in action at Anzio in the winter [between 28 January and 30 March] of 1944 by a white phosphorous artillery round."  He provides an excerpt from "Anzio Beachhead" the Department of the Army, Historical Division, Washington, DC, dated 1 October 1947, and notes that of the medical personnel of the unit "92 were reported killed in action (including 6 nurses), 387 wounded, 19 captured, and 60 reported missing in action."  He also notes that on 29 March 1944, "the 93rd and 56th Evacuation Hospitals were hit with a combined total of 8 killed and 68 wounded."

	f.  Counsel adds that he hopes this information will assist in locating the applicant's clinical health records.

3.  Counsel provides no additional documentary evidence in support of the applicant's request.

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 service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, the applicant's WD AGO Form 53-55 offers sufficient evidence for the Board to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Army of the United States and entered active service on 20 June 1942.

4.  The applicant's WD AGO Form 53-55 shows he was honorably discharged on
23 October 1945 based on convenience of the government (demobilization).  He completed 10 months and 1 day of continental service; 2 years, 6 months, and 3 days of foreign service; and 3 years, 4 months, and 4 days of total service.  It also shows in:

	a.  item 4 (Arm or Service), Medical;

	b.  item 6 (Organization), Headquarters, 56th Medical Evacuation Hospital;

	c.  item 30 (Military Occupational Specialty and Number), Dental Technician 855;

	d.  item 31 (Military Qualification and Date), None;

	e.  item 32 (Battles and Campaigns):

* Naples-Foggia
* Rome-Arno
* North Apennines
* Po Valley

	f.  item 33 (Decorations and Citations):

* Good Conduct Medal
* European-African-Middle Eastern Campaign Medal (Service Ribbon)

	g.  item 34 (Wounds Received in Action), "None";

	h.  item 36 (Service Outside Continental United States and Return), that he served in North Africa from 24 April 1943 to 3 October 1945; and

5.  There is no evidence in the available military service records that shows the applicant was wounded or treated for wounds as a result of hostile action or that he was awarded the Purple Heart.

6.  A Surgeon General's Office (SGO) health record research project, commonly referred to as the "SGO files," 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.  A search of these files failed to produce a record pertaining to the applicant showing he was wounded or injured as a result of enemy action.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Purple Heart is awarded to any member who has been wounded or killed in action.  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.  In order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.
	
	b.  The American Campaign Medal is awarded for service within the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States, but within the American Theater of Operations or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days; or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days; or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher; or service within the continental United States for an aggregate period of one year.

	c.  The European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern Theater of operations between 7 December 1941 and 8 November 1945.  This service medal is awarded to any service member who was permanently assigned in the theater.  A bronze service star is authorized to be worn on the service medal based on qualifying service for each campaign.

	d.  The World War II Victory Medal is awarded for service between
7 December 1941 and 31 December 1946, both dates inclusive.
DISCUSSION AND CONCLUSIONS:

1.  The applicant and his counsel contend that the applicant's records should be corrected to show award of the Purple Heart because he was wounded in action at Anzio at some point during the period 28 January to 30 March 1944.  His records should also be corrected to show the Good Conduct Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal with four bronze service stars, and World War II Victory Medal for his military service.

2.  The applicant's claim to the Purple Heart was carefully considered.
	
	a.  In order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

	b.  The unit history provided by counsel does not offer sufficient evidence to support the applicant's claim.  In addition, the applicant's WD AGO Form 53-55 fails to support his cIaim.  Specifically, item 33 does not show the Purple Heart and item 34 does not show he was wounded in action.

	c.  There is no evidence in the "SGO files" that shows the applicant was wounded or treated for wounds as a result of hostile action.

	d.  Therefore, in view of the foregoing, there is insufficient evidence to support the applicant's claim to the Purple Heart in this case.

3.  Item 33 of the applicant's WD AGO Form 53-55 shows the Good Conduct Medal.  Thus, no action is required to correct his record in this instance.

4.  The evidence of record fails to show the applicant qualified for the American Campaign Medal.  Therefore, he is not entitled to the service medal.

5.  The entries in items 32 and 33 of the applicant's WD AGO Form 53-55 substantiate his entitlement to the European-African-Middle Eastern Campaign Medal with 4 bronze service stars.  Thus, it would be appropriate to correct his WD AGO Form 53-55 to show the European-African-Middle Eastern Campaign Medal (vice Service Ribbon) with 4 bronze service stars.

6.  The applicant served during a qualifying period of service for the World War II Victory Medal.  Therefore, his WD AGO Form 53-55 should be corrected to show this award.


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 all Department of the Army records of the individual concerned be corrected by:

   a.  deleting from item 33 of his WD AGO Form 53-55 the "European African Middle Eastern Service Ribbon"; and

   b.  adding to item 33 of his WD AGO Form 53-55 the European-African-Middle Eastern Campaign Medal with 4 bronze service stars and World War II Victory Medal.

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 the Purple Heart, and American Campaign Medal. 

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of the his service in arms.




      __________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)                                         AR20110024026



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ABCMR Record of Proceedings (cont)                                         AR20110024026



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