IN THE CASE OF:	  

		BOARD DATE:	  30 August 2012

		DOCKET NUMBER:  AR20120004826 


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 the records of her deceased father, a former service member (FSM), be corrected by:

* awarding him the Purple Heart and showing he had been shot above his heart and had broken bones in his right ankle
* awarding him all of his authorized awards
* indicating his correct unit and the dates he served with the unit
* indicating the actual nature of his wounds and injuries

2.  The applicant states, in effect, the FSM was shot and run over by a Jeep.  He was never awarded the Purple Heart or all of the medals which he is entitled to receive and the true nature of his wounds are not reflected in his records.  She states she has records from St. Louis that are not correct and she desires to have them corrected at this time.  She also states she was able to have the Bronze Star Medal (BSM) awarded through the assistance of her Congressional representative but has not received all of his authorized awards, including his marksmanship badges and Army Lapel Pin.

3.  The applicant provides a three-page handwritten statement explaining her application, copies of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) and death certificate, and a copy of her birth certificate.


CONSIDERATION OF EVIDENCE: 

1.  Title 10, U.S. Code, section 1552(b), provided that applications for correction of military records must be filed with 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records 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 FSM'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 the FSM's records were lost or destroyed in that fire.  However, the applicant has provided sufficient documents to conduct a fair and impartial review of this case.

3.  The FSM's complete records are not available for review by the Board; therefore, the issues involving his medical condition and circumstances, his unit of assignment, and dates cannot be verified.  As a result, they will not be discussed further in this Record of Proceedings.

4.  Service medals and awards are not issued by the ABCMR.  However, the applicant may obtain medals by submitting a request in writing to:  National Personnel Records Center, ATTN:  Army Reference Branch, 1 Archives Drive, St. Louis, MO  63138-1002.  Accordingly, this issue will not be further addressed in this Record of Proceedings.

5.  The FSM was inducted into the Army of the United States on 22 November 1943 and entered active duty at Fort Benjamin Harrison, Indiana, on 13 December 1943.  He completed training as a heavy weapons crewman and departed for the European theater of operations (ETO) on 16 June 1944.

6.  He arrived in the ETO on 27 June 1944 and participated in the Normandy campaign.  He was awarded the Expert Infantryman Badge (EIB) on 4 August 1944 and the Combat Infantryman Badge (CIB) on 1 September 1944.

7.  He departed the ETO on 23 December 1944 and was transferred to Wakeman General Hospital, Camp Atterbury, Indiana, where he was honorably discharged on 5 June 1944 with a Certificate of Disability for Discharge.
8.  He completed 1 year, 5 months, and 22 days of active service and his WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Theater Ribbon with one bronze service star, EIB, CIB, and Army Lapel Button.  In block 34 (Wounds Received in Action) is the entry "none."  In block 55 (Remarks) is the entry "psychoneurosis resulting from combat."  

9.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or 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.

10.  Army Regulation 600-8-22 states the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM 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 CIB or the Combat Medical Badge is considered to be a citation in orders for the BSM.  Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II (WWII).

11.  Army Regulation 600-8-22 states the WWII Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and appear to have some merit.

2.  The available evidence of record shows the FSM served during a qualifying period for award of the WWII Victory Medal.  Accordingly, it should be added to his WD AGO Form 53-55.

3.  Inasmuch as the applicant stated the FSM has been awarded the BSM, and since he is entitled to that award based on being awarded the CIB, it also should be added to the FSM's WD AGO Form 53-55 at this time.

4.  However, there is insufficient evidence available to show the FSM was wounded in action during WWII and met the criteria for award of the Purple Heart.  Therefore, absent evidence to show he was wounded as a result of enemy action and treated for such wounds, there appears to be no basis to award him the Purple Heart at this time.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding the BSM and WWII Victory Medal to the FSM's WD AGO Form 53-55.

2.  The Board further determined 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 awarding the FSM the Purple Heart.

3.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by her late father in service to the United States during WWII.  The applicant and all Americans should be justifiably proud of the FSM's 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)                                         AR20120004826



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ABCMR Record of Proceedings (cont)                                         AR20120004826



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