IN THE CASE OF:	  

		BOARD DATE:	  21 June 2012

		DOCKET NUMBER:  AR20120000143 


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, in effect, the Bronze Star Medal.

2.  The applicant states on 6 June 1944 he was wounded on Omaha Beach, Normandy when a shell landed near him destroying beach obstacles.  One fragment of a large wooden railroad tie lodged in the muscles of his lower back and a piece of shrapnel grazed his left temple, dislodging the first-aid kit tucked into his helmet.  He went to the aid station on the beach where his wounds were stitched up and subsequently rejoined his outfit as they proceeded inland.  

3.  His request for the Bronze Star Medal is the result of an inquiry through the National Personnel Records Center (NPRC) and is based on his award of the Combat Infantryman Badge.

4.  The applicant provides:

* Self-authored statement, dated 15 December 2011
* Physician Statement, dated 12 December 2011
* Memorandum, Office of the Deputy Chief of Staff for Personnel, dated 
11 April 1984
* Memorandum and allied document from NPRC



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.  He provides his WD AGO Form 53-55 which is sufficient evidence for the Board to conduct a fair and impartial review of this case.

3.  He enlisted in the Army of the United States on 22 January 1942 and entered active duty on the same day.

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

   a.  item 6 (Organization), he was assigned to Company C, 5th Ranger Infantry Battalion;
   
   b.  item 31 (Military Qualification and Date), he was awarded the Combat Infantryman Badge, 6 June 1944;
   
   c.  item 32 (Battles and Campaigns), he participated in the Normandy, Northern France, and German campaigns;

   d.  item 33 (Decorations and Citations) and item 55 (Remarks), he was awarded the Distinguished Unit Badge, Army Lapel Button, and European-African-Middle Eastern Campaign Medal;

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


   f.  item 36 (Service Outside Continental U.S. and Return), he served in the
European Theater of Operations from 10 July 1942 through 8 February 1945; and

	g.  item 55 (Remarks) no days lost under Article of War 107.

5.  On 12 May 1945, he was honorably discharged after completing a total of 3 years, 3 months, and 21 days of creditable active military service.

6.  The applicant provides a self-authored statement in which he contends he was awarded the Purple Heart for wounds he sustained on 6 June 1944 on Omaha Beach, Normandy.  He further contends the paperwork for this award was deferred by the push inward by his unit and by their continuing combat operations thereafter.

7.  In addition, he provided a physician's statement from the Hospice of Orange and Sullivan Counties, dated 12 December 2011.  The physician stated that his examination of the applicant on 9 December 2011 found residual evidence of peri-rectal injury (scarring) to be consistent with the description of the injury the applicant sustained on 6 June 1944.

8.  A review of the available evidence indicates he is entitled to additional awards that are not shown on his DD Form 214.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, lists the unit awards received by units and campaign participation of units serving in World War II.  This document shows that at the time of his assignment to the 5th Ranger Infantry Battalion the unit participated in an assault landing on Normandy, 6 - 7 June 1944.

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

	a.  The “arrowhead” will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The arrowhead is authorized for wear on the European-African-Middle Eastern Campaign Medal. 
   b.  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.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

   c.  A bronze service star is authorized, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate service medal, including the European-African-Middle Eastern Campaign Medal.
   
	d.  The World War II Victory Medal is awarded for service between 
7 December 1941 and 31 December 1946, both dates inclusive.

11.  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, completed 1 year of continuous active Federal military service 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.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his WD AGO Form 53-55 to show award of the Purple Heart and Bronze Star Medal.

2.  The criteria for the Purple Heart requires the submission of substantiating evidence to verify that a Soldier received a wound/injury as a result of hostile action, the wound/injury must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

3.  Notwithstanding the applicant's sincerity, there is no evidence in his available record that shows he incurred an injury while engaged in combat.  In the absence of evidence that shows he was wounded/injured as a result of enemy action, and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.

4.  Based on his award of the Combat Infantryman Badge, he is also entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this medal.

5.  The evidence of record shows:

   a.  He completed a qualifying period of service for award of the Army Good Conduct Medal on 21 January 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 22 January 1942 to 21 January 1945 and to add this medal to his discharge document.

   b.  He 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.

   c.  He participated in three campaigns.  Therefore, he is entitled to have his record corrected show three bronze service stars for wear on his already-awarded European-African-Middle Eastern Theater Campaign Medal.

   d.  He was assigned to a unit that received assault landing credit for Normandy.  Therefore, he is entitled to the award of the arrowhead.

6.  In view of the above, his record should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ___X____  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.  awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge;
   
   b.  awarding him the Army Good Conduct Medal for the period 22 January 1942 through 21 January 1945;

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

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* World War II Victory Medal
* Three bronze service stars and arrowhead to be affixed to his   
previously-awarded European-African-Middle Eastern Theater Campaign 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 award of the Purple Heart.



      _______ _   _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)                                         AR20120000143





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ABCMR Record of Proceedings (cont)                                         AR20120000143



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