IN THE CASE OF:
BOARD DATE: 4 December 2012
DOCKET NUMBER: AR20120009624
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) for the period ending 29 October 1945 to show award of the Purple Heart with two oak leaf clusters.
2. He states these awards are shown on his WD AGO Form 100 (Separation Qualification Record); however, they are not reflected on his WD AGO Form
53-55 for the period ending 29 October 1945.
3. He provides his WD AGO Form 100 and WD AGO Form 53-55 for the period ending 29 October 1945.
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 records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the NPRC in 1973. It is believed that the applicant's 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. His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 2 July 1942 and he entered active service on 3 July 1942. He served in Alaska from 24 July to 22 August 1943 and in the European-African-Middle Eastern (EAME) Theater of Operations from 5 November 1943 to 15 October 1945.
4. Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 indicates he was wounded in action in Italy on 4 January, 4 April, and 10 May 1944.
5. Item 31 (Military Qualification and Date) shows he was awarded the Combat Infantryman Badge in 1944.
6. Item 23 (Remarks) of his WD AGO Form 100 contains the entry "Awarded Purple Heart with 2 clusters."
7. He was honorably discharged on 29 October 1945 by reason of demobilization. His WD AGO Form 53-55 for the period ending 29 October 1945 shows he was awarded the:
* Army Good Conduct Medal
* American Campaign Medal
* EAME Campaign Medal with five bronze service stars
* World War II Victory Medal
* Purple Heart
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars
8. He later enlisted in the Regular Army and served from 23 May 1946 to 5 April 1949.
9. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations. It 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 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. An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.
c. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's WD AGO Form 53-55 shows he was wounded in action in Italy on 4 January, 4 April, and 10 May 1944. However, his WD AGO Form
53-55 only reflects one award of the Purple Heart. Additionally, his WD AGO Form 100 indicates he was awarded the Purple Heart with 2 clusters. Therefore, it would be appropriate at this time to correct his WD AGO Form 53-55 to show the Purple Heart (3rd Award).
2. The applicant was awarded the Combat Infantryman Badge during World
War II. Therefore, he is entitled to the Bronze Star Medal based on award of the Combat Infantryman Badge 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 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. deleting from his WD AGO Form 53-55 the Purple Heart;
b. awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge in 1944; and
c. adding to his WD AGO Form 53-55 the:
* Bronze Star Medal
* Purple Heart (3rd Award)
____________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) AR20120009624
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ABCMR Record of Proceedings (cont) AR20120009624
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