BOARD DATE: 9 October 2012
DOCKET NUMBER: AR20120006877
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 (PH).
2. The applicant states he has a letter for his injuries and discharge papers from the hospital that show award of a PH.
3. The applicant provides:
* Honorable Discharge Certificate
* WD AGO Form 53-55
* Veterans Administration, Award of Disability Compensation or Pension
* Release on Receipt, Number 9504, from the Headquarters Communications Zone, European Theater of Operations
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 applicants 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 applicants 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 complete military record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center, St. Louis, MO in 1973. It is believed most of his records were lost or destroyed in that fire. This case is being considered using the applicants WD AGO Form 53-55 and some supporting documents.
3. The applicant was inducted into the Army of the United States on 15 February 1943, and he entered active duty on 22 February 1943. The highest rank/pay grade he attained while serving on active duty was sergeant/E-5.
4. Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 does not show award of the PH, and item 34 (Wounds Received in Action) of this form shows "None."
5. The applicants WD Form AGO 53-55 shows he was awarded or authorized the following awards:
* Army Good Conduct Medal (AGCM)
* American Campaign Medal (ACM)
* European African Middle Eastern Campaign Medal with four bronze stars
* World War II Victory Medal
* Combat Infantryman Badge (CIB)
6. On 30 November 1945, the applicant was honorably discharged from active duty with a certificate of disability.
7. The applicants record contains a Hospital Admission Card from the Surgeon General's Office, for the year 1945, which shows he was hospitalized on
6 January 1945 for injuries that he sustained as a result of hostile action during World War II (WWII).
8. The Release on Receipt, Number 9504 shows the applicant was released from 188th General Hospital, England and returned to duty after recovering from wounds he received at Wiltz, Luxembourg on 6 January 1945.
9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria and administrative instructions concerning individual and unit military awards.
a. The PH is awarded to members wounded in action and states that in order to award the PH, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.
b. The Bronze Star Medal (BSM) 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 CIB or Combat Medical Badge (CMB) 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. It also provides for the wear of one bronze service star on the appropriate campaign or service medal for each credited campaign.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to be awarded the PH has been carefully considered and found to have merit.
2. The available evidence confirms the applicant was wounded in action on
6 January 1945 during WWII. His wound was treated and the treatment was made a matter of official record. Therefore, it would be appropriate to award the applicant the PH and add this award to his WD AGO Form 53-55.
3. Based on the applicant's award of the CIB, he is also entitled to award of the BSM and correction of his WD AGO Form 53-55 to show this award.
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:
* awarding the applicant the PH for wounds received in action on 6 January 1945
* awarding the applicant the BSM based on award of the CIB
* adding the PH and CIB to his WD AGO Form 53-55
* correcting his WD AGO Form 53-55 to show he was wounded in action in Luxembourg on 6 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) AR20120006877
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120006877
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110004505
The applicant provides the following documents in support of his application: * WD AGO Form 53-55 * newspaper article * service record review and verification for awards * Honorable Discharge Certificate * PH medal photographs CONSIDERATION OF EVIDENCE: 1. As a result, it would be appropriate to award him the BSM and add this medal to his WD AGO Form 53-55. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him...
ARMY | BCMR | CY2009 | 20090013059
Chapter 5 of the awards regulation contains guidance on service medals and service ribbons. Therefore, it would be appropriate to correct item 32 of his WD AGO Form 53-55 to reflect all eight campaigns identified and to correct item 33 by adding the DUC 1st Oak Leaf Cluster (2nd Award), Army Occupation Medal with Germany Clasp, and 1 silver service star, 3 bronze service stars and 1 bronze arrowhead with his EAME Campaign Medal. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2003 | 2003088810C070403
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Exhibit A - Application for correction of military records. There is no evidence available to indicate the applicant was wounded in November 1944, therefore, he is not authorized an additional award of the PH.
ARMY | BCMR | CY2004 | 20040009598C070208
Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides in support of his request a WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), a Separation Qualification Record, and three medical documents, dated 4 and 11 October 1944. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. Correcting...
ARMY | BCMR | CY2009 | 20090000929
Application for correction of military records (with supporting documents provided, if any). Item 32 (Battles and Campaigns) shows he participated in the Ardennes, Rhineland, and Central Europe campaigns of WWII, and Item 33 and Item 55 show he earned the following awards during his active duty tenure: European-African-Middle Eastern Campaign Ribbon, Army Good Conduct Medal, WWII Victory Medal, Distinguished Unit Badge and 2 Overseas Service Bars. As a result, the Board recommends that all...
ARMY | BCMR | CY2009 | 20090003165
Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he earned the following awards during his active duty tenure: EAME Campaign Medal, Army Good Conduct Medal (AGCM), WWII Victory Medal, and American Theater Ribbon. The evidence also confirms that based on being held as a POW during WWII from 16 December 1944 through 2 April 1945, the applicant is eligible for the POW Medal, which should also be awarded and added to his reconstructed record and WD AGO Form 53-55...
ARMY | BCMR | CY2003 | 2003090049C070212
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The shrapnel was removed from his chest and he returned to duty on an unknown date in November 1943. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant was awarded the PH, WWII Victory Medal, BSM based on award of the CIB,...
ARMY | BCMR | CY2011 | 20110003794
The applicant, the son of a deceased former service member (FSM), requests correction of his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show he was awarded the Bronze Star Medal with V Device instead of just the Bronze Star Medal (BSM). The FSM's military records are not available for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 33 of the...
ARMY | BCMR | CY2009 | 20090016439
The applicant's military record is not available to the Board for review. Absent any derogatory information or unit commander disqualification on his WD AGO Form 53-55 or in his NPRC file, it would be appropriate and serve the interest of equity and justice to award the applicant the AGCM for his qualifying honorable active duty service from 18 January 1943 through 1 November 1945, and to add this award to his WD AGO Form 53-55. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2003 | 2003091579C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant’s military records are not available to the Board for review. A review of all available records confirms the applicant's entitlement to the PH and CIB.