IN THE CASE OF:	  

		BOARD DATE:	  16 August 2012

		DOCKET NUMBER:  AR20120002767 


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 he was awarded the Purple Heart for wounds received in action on 28 January 1945 vice 1944.

2.  The applicant states his WD AGO Form 53-55 and Purple Heart Certificate are incorrect. 

3.  The applicant provides:

* WD AGO Form 53-55
* Purple Heart Certificate
* Honorable Discharge Certificate

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 record is 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 on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of the applicant's WD AGO Form 53-55.

3.  The applicant’s WD AGO Form 53-55 shows he was inducted into the Army of the United States on 22 December 1942 and entered active service on                   29 December 1942, at Camp Lee, VA.  The form contains the following pertinent information:

* Item 6 (Organization) shows Company H, 395th Infantry Regiment
* Item 7 (Date of Separation) shows 26 November 1945
* Item 30 (Military Occupational Specialty) shows Machine Gun NCO 605
* Item 31 (Military Qualification and Date) shows “Combat Infantry Badge”  December 1944
* Item 32 (Battles and Campaigns) shows Ardennes, Rhineland, and Central Europe 
* Item 33 (Decorations and Citations) shows the:

* Purple Heart
* American Defense Campaign Medal
* European African-Middle Eastern Campaign Medal with 3 bronze service stars
* Army Good Conduct Medal
* World War II Victory Medal

* Item 34 (Wounds Received in Action) shows he was wounded on             28 January 1944 in Belgium

* Item 36 (Service Outside Continental United States (OCONUS) and Return) shows the applicant:

* departed the United States on 29 September 1944 and arrived in England on 10 October 1944
* departed England on 28 September 1945 and arrived in the United States on 4 October 1945

* Item 37 (Total Length of Service) shows he completed 1 year, 10 months, and 22 days of continental service and 1 year and 6 days of foreign service
* Item 38 (Highest Grade Held) shows S SGT

4.  The applicant provides a copy of his Purple Heart certificate dated                  1 September 1987, which shows he received the Purple Heart for wounds received in action in Belgium on 28 January 1944.

5.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Combat Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.

6.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  This document shows the unit to which the applicant was assigned was cited for award of the Belgian Fourragere for the periods 18 November through 16 December 1944 and 16 December 1944 through 20 February 1945, by Department of the Army General Order Number 43, dated 1950.  It also shows the unit was awarded occupation credit for a period the applicant was assigned to it.

7.  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’s request for correction of his WD AGO Form 53-55 to show he was awarded the Purple Heart for wounds received in action on 28 January 1945 vice 1944, has been carefully examined and found to have merit.

2.  The evidence of record shows the applicant departed for England on             29 September 1944.  There is no evidence he served overseas prior to arriving in England on 10 October 1944.  Therefore, it is reasonable to presume the entry in item 34 of his WD AGO Form 53-55 is a typographical error which inadvertently shows he was wounded on 28 January 1944 instead of 1945.  Therefore, he is entitled to correction of this form to show the date he was wounded in action as              28 January 1945.  

3.  In addition, evidence shows he was awarded the Combat Infantryman Badge.  Based on his award of the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this medal.

4.  Evidence shows the applicant’s unit was cited twice for award of the Belgian Fourragere.  Therefore, an entry should be made on his WD AGO Form 53-55 to show this citation.

5.  The evidence of record clearly shows that the applicant’s unit received occupation credit, making him eligible for award of the Army of Occupation Medal with Germany Clasp.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this medal.

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. awarding him the Bronze Star Medal based upon award of the Combat Infantryman Badge;

   b.  adding the Bronze Star Medal, Belgian Fourragere, and Army of Occupation Medal with Germany Clasp to item 33 of his WD AGO Form 53-55; 

   c.  deleting the entry in item 34 of his WD AGO 53-55 and replacing it with the entry "28 January 1945  Belgium"; and
   
   d.  issuing him a corrected Purple Heart certificate showing it was awarded for wounds received in action in Belgium on 28 January 1945.




      _______ _   __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)                                         AR20120002767



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120002767



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1