IN THE CASE OF:  

		BOARD DATE:    25 October 2012

		DOCKET NUMBER:  AR20120007671


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, the daughter of a deceased former service member (FSM), requests a replacement Purple Heart for her father. 

2.  The applicant states her brother pawned her father's Purple Heart.   She is a patriot especially about World War II (WW II) veterans.  Her grandfather,
three uncles and her dad served honorably.   

3.  The applicant provides copies of her father's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), Honorable Discharge Certificate, WD AGO Form 100 (Army of the United States Separation Qualification Records), Death Certificate, and her Birth 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 FSM's 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 his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case

3.  The FSM's WD AGO Form 53-55 shows in:

	a.  item 6 (Organization):  Company D, 310th Infantry; 

	b.  item 7 (Date of Separation):  16 October 1945;

	c.  item 22 (Date of Induction):  16 April 1941;

	d.  item 31 (Military Qualification and Date) and item 55 (Remarks):  Combat Infantryman Badge, Driver and Mechanic Badge, and the Marksmanship Qualification Badge with Carbine and Rifle Bars; 

	e.  Item 32 (Battles and Campaigns):  Ardennes, Rhineland, and Central Europe;

	f.  Item 33 (Decorations and Citations) and Item 55:  Good Conduct Medal, American Defense Service Medal, European-African-Middle Eastern (EAME) Campaign Medal, World War II Victory Medal, and Lapel Button issued, 

	g.  Item 34 (Wounds Received in Action):  7 April 1945, Germany; and

	h.  Item 36 (Service Outside Continental U.S. and Return): 25 October 1944 to 4 October 1945.

4.  The FSM's service medical records are not available for review with this case.  

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

	a.  Provides that 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.

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

	c. Provides for the wear of a bronze service star with the European-African-Middle Eastern Campaign Medal for participation in each campaign. 

	d.  States the American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

	e.  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.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows World War II units that are authorized occupation credit.  This pamphlet shows 310th Infantry received occupation credit for Germany from 2 May through 31 October 1945.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the issuance of a replacement Purple Heart for her deceased father.   

2.  Records clearly show the FSM was wounded in action on 7 April 1945 while serving in Germany.  

3.  The FSM was awarded the Combat Infantryman Badge.  Accordingly, he is entitled to award of the Bronze Star Medal based on award of the CIB.

4.  The available evidence indicates he participated in three campaigns.  Therefore he is authorization three bronze service stars to be worn on the European-African-Middle Eastern Campaign Medal.  

5.  A further review of the available evidence shows the FSM served during a period that qualifies him for the American Campaign Medal and the Army of Occupation Medal with Germany Clasp.  

6.  The FSM's WD AGO Form 53-55 should be corrected to show the above awards.

BOARD VOTE:

____X____  __X______  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 following awards to the list of awards in item 33 of his WD AGO Form 53-55:

* Purple Heart
* Bronze Star Medal
* three bronze service stars for wear with the European-African-Middle Eastern Campaign Medal 
* American Campaign Medal
* Army of Occupation Medal with Germany Clasp



   c.  issuing the applicant the above awards.



      _____________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)                                         AR20100016722



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ABCMR Record of Proceedings (cont)                                         AR20120007671



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