IN THE CASE OF:	  

		BOARD DATE:	  13 November 2012

		DOCKET NUMBER:  AR20120007321 


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, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Purple Heart, Combat Medical Badge (CMB), and the Bronze Star Medal (BSM).

2.  The applicant states he started in Company B, 363rd Medical Battalion and subsequently served on the front lines in the battalion aid station in France where he was injured and received the Purple Heart.  At the time of the shelling, he was in the field and had warned his comrades to take cover in foxholes.

3.  The applicant provides copies of:

* WD AGO Form 53-55
* Power of Attorney to his son
* Birth certificate of his son
* A roster of personnel for company B, 363rd Medical Battalion
* Photocopies of pictures taken circa the period of the war
* Information sheet about the BSM
* Letter from the National Personnel Records Center, dated 8 July 2011
* Letter from the National Personnel Records Center, dated 1 May 2012, with enclosures.




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 the applicant's records were lost or destroyed in that fire.  However, the documents submitted by the applicant are sufficient for the Board to conduct a fair and impartial review of this case.

3.  In a letter dated 5 August 1944, The Adjutant General, War Department, wrote to the applicant's wife to inform her that he had been seriously injured in action on 19 July 1944.  On 21 October 1944, another letter from The Adjutant General stated that no information relative to the extent and nature of his wound had been received.

4.  The applicant's WD AGO Form 53-55 indicates that:

	a.  he was inducted into the Army on 1 July 1943;

	b.  he was assigned to the European Theater of Operations (ETO) and had participated in the Normandy campaign;

	c.  he was a podiatrist;

	d.  he was awarded the European, African, Middle-Eastern (EAME) Campaign Ribbon (today identified as a service medal) and the Lapel Button;

	e.  he had not received any combat wounds; and

	f.  he was separated on 17 November 1944.

5.  The applicant's WD AGO Form 55 shows he was discharged in the rank of Technician 5th grade, and was a member of the 13th Infantry Medical Detachment.  His discharge was issued at the Mason General Hospital in Brentwood, New York on 17 November 1944.

6.  The letters from the NPRC indicate that the applicant was awarded the Purple Heart in 2001 for his wound(s) sustained during World War II.  These letters also indicate that he is entitled to award of the Good Conduct Medal, EAME with one bronze service star, World War II Victory Medal, and the Honorable Service Lapel Button.

7.  Army Regulation 600-8-22 (Military Awards):

	a.  The Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.

	b.  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 CMB is considered to be a citation in orders.  Therefore, the BSM is to be awarded to individuals who were authorized this badge for service during World War II.

	c.  The CMB is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.

	d.  The wear of a bronze service star is authorized on the EAME Service Medal  for participation in each campaign.

	e.  The World War II Victory Medal is awarded for service between 
7 December 1941 and 31 December 1946, both dates inclusive.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his WD AGO Form 53-55 should be corrected to show award of the Purple Heart, CMB, and the BSM.

2.  The available evidence clearly and convincingly shows that the applicant was wounded as a result of enemy action.  Therefore, his records should be corrected to show award of the Purple Heart.

3.  The available evidence clearly shows that the applicant was last assigned to the 13th Infantry Medical Detachment.  It is very reasonable to believe that this unit was organic to an infantry unit of brigade, regimental or smaller size which was engaged in active ground combat at the time of the applicant's wounding.

4.  Based on the above, it would be appropriate to now award the applicant the CMB with an effective date of 19 July 1944, the date of his wounding.

5.  Based on the awarding of the CMB, it would also be appropriate to award him the BSM.

6.  The evidence of record clearly shows the applicant served during a qualifying period for award of the World War II Victory Medal.

7.  The available evidence does not provide the applicant's exact dates of service in the ETO; however, it is reasonable to presume that he served in at least one campaign, during which he sustained his wound.  Therefore, it would be appropriate to authorize one bronze service medal for wear on his EAME.

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 on award of the Combat Medical Badge;

	b.  awarding him the Combat Medical Badge, effective 19 July 1944;

	c.  deleting from his WD AGO Form 53-55 the "EAME Campaign Ribbon" and;

	d.  adding to his WD AGO Form 53-55 the following awards:

* Purple Heart
* Bronze Star Medal
* European African Middle-Eastern Service Medal with one bronze service star
* World War II Victory Medal
* Combat Medical Badge



_____________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)                                         AR20120007321





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ABCMR Record of Proceedings (cont)                                         AR20120007321



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