BOARD DATE:	  18 October 2012

		DOCKET NUMBER:  AR20120008591 


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 son of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show three awards of the Purple Heart.

2.  The applicant states that during the FSM's life the FSM stated to him that his World War II (WWII) awards included the Purple Heart with a double cluster.  He contends hospital admission documents and progress notes show the FSM was wounded in action as a result of a bomb explosion and also by shrapnel.  He further contends that upon admission to a nursing home in 2005, the admitting nurse observed scars on the FSM's lower torso and stated they could only have been caused by a massive explosion.  He further states that an entry in the progress notes indicates the FSM suffered an injury to the left hand and left side of his forehead due to catching an exploding grenade.  He concludes that a doctor examined the FSM and based on the examination of the FSM's scars, the doctor concluded that the FSM suffered a third WWII wound.

3.  The applicant provides a WD AGO Form 53-55, medical progress notes, two hospital admission documents, and Department of Veterans Affairs (VA) Progress Notes.

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 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 FSM's records were lost or destroyed in that fire.  This case is being considered based on the documents provided by the applicant.

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

	a.  he was inducted into the Army of the United States on 10 March 1943 and entered active duty on 17 March 1943;

	b.  he was assigned to Company C, 105th Engineer Combat Battalion and served in the European Theater of Operations (ETO) from 22 February 1944 until 5 November 1945;

	c.  he earned the Marksman Marksmanship Qualification Badge with Rifle Bar;

	d.  he participated in the Normandy, Northern France, Rhineland, and Central Europe campaigns;

	e.  his awards included the Army Good Conduct Medal, WWII Victory Medal, European-African-Middle Eastern (EAME) Campaign Medal, and the Bronze Star Medal;

	f.  no wounds received in action were annotated; and

	g.  he was honorably discharged on 26 November 1945.

4.  The applicant provided a hospital admission document that indicates the FSM was admitted on 31 July 1944 and contains the following entry:  "WIA (wounded in action), deafness, right ear, following bombing exposure, 40 yards from 100 pound bomb.  LOD (line of duty), -Yes."  The admission document further indicates that on 25 July 1944, the FSM was close to an exploding shell and was covered with dirt.  He had a brief period of unconsciousness.  

5.  The applicant also provided medical progress notes indicating that on an unknown date, the FSM went back to the hospital for shrapnel wounds.  The progress notes do not specify the circumstances surrounding the incident that led to the shrapnel wound.

6.  The applicant also provided VA Progress Notes that includes the following entry in the past medical history section:  "Left hand injury and left forehead wound in 1946 [sic] due to catching an exploding grenade."  However, there is no medical evidence in the available records substantiating the above statement.

7.  There is no evidence, medical or otherwise, in the FSM's available records indicating he was treated for any additional combat wounds.  

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) contains a register of unit citations and of campaign participation credits for WWII.  This pamphlet shows the 105th Engineer Combat Battalion received occupation credit for Germany for the period 20 May-5 July 1945.  
	
9.  Department of the Army Pamphlet 672-1 also shows the 105th Engineer Combat Battalion was awarded the Belgian Fourragere based on being cited in the Order of the Day for the periods 4-10 September 1944 and 17-25 January 1945, as announced in Department of the Army General Orders Number 43, dated in 1950.

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

	a.  The Purple Heart is awarded for a wound sustained while in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record.

	b.  For award of 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 EAME Campaign Medal was awarded for service before 9 May 1945.

	c.  A bronze service star is authorized with the EAME Campaign Medal based on qualifying service for each campaign listed in appendix B or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.

	d.  The Belgian Fourragere may be awarded by the Belgian Government when a unit has been cited twice in the Order of the Day of the Belgian Army.  The award of the Belgian Fourragere is not automatic, but must be by special decree of the Belgian Government.  Persons who were present in only one action are not authorized to wear the Fourragere.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM's WD AGO 53-55 should be corrected to show three awards of the Purple Heart has been carefully reviewed.

2.  Service medical records confirm the FSM was wounded in action by an exploding shell on 25 July 1944.  Therefore, it appears the FSM met the criteria for award of Purple Heart.  Accordingly, it would be appropriate to award him the Purple Heart at this time and to correct his WD AGO Form 53-55 to show this award.

3.  The FSM was awarded the EAME Campaign Medal and the evidence shows he participated in four campaigns.  Therefore, his WD AGO Form 53-55 should be corrected to show the EAME Campaign Medal with four bronze service stars.

4.  The evidence shows the FSM was assigned to a unit at the time it was awarded credit for the occupation of Germany.  Therefore, his WD AGO 
Form 53-55 should be corrected to show the Army of Occupation Medal with Germany Clasp.

5.  The FSM was present when his unit was cited twice in the Order of the Day of the Belgian Army and as a result, is authorized the Belgian Fourragere.  Therefore, the FSM's WD AGO Form 53-55 should also be corrected to show this foreign unit award.

6.  Medical progress notes indicate the FSM went back to the hospital for shrapnel wounds.  However, the progress notes do not specify the circumstances surrounding such wounds.  Additionally, there is no contemporary medical evidence in the available records substantiating the statement included in the VA Progress Notes which states that the FSM suffered a left hand injury and left forehead wound in due to catching an exploding grenade.  Therefore, there is insufficient evidence on which to base awarding the FSM the second and third awards of the Purple Heart.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the FSM the Purple Heart for wounds sustained on 25 July 1944;

	b.  deleting the European-African-Middle Eastern Campaign Medal from the FSM's WD AGO Form 53-55; and 

	c.  adding to the FSM's WD AGO Form 53-55 the following;

* Purple Heart
* European-African-Middle Eastern Campaign Medal with four bronze service stars
* Army of Occupation Medal with Germany Clasp
* Belgian Fourragere

2.  The Board further determined that 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 second and third award of the Purple Heart.  



      _______ _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)                                         AR20120008591



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ABCMR Record of Proceedings (cont)                                         AR20120008591



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