IN THE CASE OF:	  

		BOARD DATE:	  6 September 2012

		DOCKET NUMBER:  AR20120004593 


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 award of the Purple Heart.

2.  The applicant states he never received his Purple Heart for the wound in his right leg that he received in combat in December 1944.  When he awoke in the hospital in Dijon, France, it was snowing and he heard Christmas music so he assumes it was in December 1944.  He convalesced for approximately 1 month before returning to his unit.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) shows he was wounded in action in the "EUROPEAN THEATER (DATE UNKNOWN)."

3.  The applicant provides:

* transmittal letter, dated 24 February 2012
* self-authored letter, dated 23 March 2012
* Western Union telegram, undated
* Honorable Discharge Certificate
* WD AGO Form 53-55
* State of Wisconsin Army discharge registration certificate, dated 17 April 1947

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 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.  The available records were provided in part by the applicant or obtained from alternate sources and are sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 21 April 1943 and he entered active duty in Milwaukee, WI, on 28 April 1943.

4.  He provided a copy of an undated Western Union telegram addressed to his mother.  The telegram stated, he "was slightly wounded in action [on] 25 January in France."  The year was not listed.

5.  On 29 March 1946, he was honorably discharged for the convenience of the government upon demobilization in the rank of private first class.  He completed 1 year, 7 months, and 2 days of continental service and 1 year and 4 months of foreign service.  His WD AGO Form 53-55 shows he held military occupational specialty 610 (Antitank Gun Crewman/Squad Leader) and was assigned to Headquarters Company, 3rd Battalion, 242nd Infantry Regiment, 42nd Infantry Division at the time of his separation.  The highest rank he attained during his active duty service was corporal.  His WD AGO Form 53-55 also shows in:

* item 31 (Military Qualification and Date) – award of the Sharpshooter Marksmanship Qualification Badge with Carbine Bar, Combat Infantryman Badge, and Expert Marksmanship Qualification Badge with Rifle Bar
* item 32 (Battles and Campaigns) – he participated in the Rhineland and Central Europe campaigns
* item 33 (Decorations and Citations) – he was awarded or authorized the American Theater Service Medal, European-African-Middle Eastern (EAME) Theater Service Medal (now known as the EAME Campaign Medal), and Army Good Conduct Medal
* item 34 (Wounds Received in Action) – he was wounded in action in the European theater of operations (ETO) on an unknown date
* item 36 (Service Outside Continental United States (CONUS) and Return) – he departed CONUS on 25 November 1944 and arrived in the ETO on 8 December 1944 and he departed the ETO on 11 March 1946 and arrived in CONUS on 24 March 1946

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  This pamphlet shows his unit of assignment was awarded the Army of Occupation Medal with Germany Clasp for the period 2 May 1945 to 19 May 1945 and 20 October 1945 to 31 October 1945 and the Army of Occupation Medal of Austria for the period 4 June 1945 to 4 July 1945 and 5 August 1945 to 30 September 1945.  Additionally, his unit was credited with participating in the Ardennes-Alsace, Central Europe, and Rhineland campaigns.

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

	a.  The Army of Occupation Medal is awarded for service for 30 consecutive days at a normal post of duty while assigned to Army of Occupation of Germany (exclusive of Berlin) between 9 May 1945 and 5 May 1955.  Soldiers who served in the ETO during the occupation of Europe will wear the clasp inscribed "Germany."  The Army of Occupation Medal Clasp is authorized to Soldiers who served in the ETO during the occupation of Europe.  The Army of Occupation Medal is awarded for service in Germany between 9 May 1945 and 5 May 1955 and service in Austria between 9 May 1945 and 27 July 1955.

	b.  The EAME Campaign Medal is awarded for service within the EAME theater between 7 December 1941 and 8 November 1945.  A bronze service star is authorized based on qualifying service for each campaign listed in item 32 of the WD AGO Form 53-55.

	c.  The World War II Victory Medal was established by the Act of Congress, dated 6 July 1945, and is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

	d.  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 for award of the Bronze Star Medal.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 and the Western Union telegram he provides are sufficient to show he was wounded in action on 25 January 1945; therefore, he is entitled to award of the Purple Heart and correction of his WD AGO Form 53-55 to show this award.

2.  The evidence of record 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.

3.  The unit he served with during World War II was credited with participating in the Ardennes-Alsace, Central Europe, and Rhineland campaigns.  However, the Ardennes-Alsace campaign was not annotated on his WD AGO Form 53-55.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show the Ardennes-Alsace campaign and three bronze service stars to be affixed to his previously-awarded EAME Campaign Medal.

4.  The evidence of record shows his unit was awarded the occupation credit for the occupation of Germany and Austria.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show the Army of Occupation Medal with Germany Clasp.

5.  He served a qualifying period of service for award of the World War II Victory Medal; 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 the evidence presented is 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 on the award of the Combat Infantryman Badge for service from 8 December 1944 to 7 May 1945
* Purple Heart for wounds he sustained in combat on 25 January 1945

	b.  adding the Ardennes-Alsace campaign to item 32 of his WD AGO 
Form 53-55, and

	c.  adding the following awards to item 33 of his WD AGO Form 53-55:

* Bronze Star Medal
* Purple Heart
* Army of Occupation Medal with Germany Clasp
* World War II Victory Medal
* three bronze service stars to his previously-awarded EAME Campaign Medal



      _____________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)                                         AR20120004593



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ABCMR Record of Proceedings (cont)                                         AR20120004593



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