IN THE CASE OF:	

		BOARD DATE:	  3 January 2013

		DOCKET NUMBER:  AR20120010418 


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 that his award of the Purple Heart be included on his discharge document.

2.  The applicant states he was injured on or about 26 August 1944 during the battle at the Seine River.  He was awarded the Purple Heart while he was in an evacuation hospital before being returned to the United States and being discharged. 

3.  The applicant provides no supporting documentation.

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.  It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel and hospital medical records.

3.  On 12 June 1943, the applicant was inducted into the Army of the United States, he completed the training requirements, and he was awarded the military occupational specialty of tanker. 

4.  On 16 October 1944, the applicant was admitted to the 32nd General Hospital for a neuropsychiatric condition with a subsequent transfer to the Valley Forge General Hospital in PA.

5.  An undated Neuropsychiatric Case Report, prepared as part of his neuropsychiatric hospitalization, includes the information on an earlier hospitalization.  It states the applicant had served in combat approximately 9 days when he developed tinnitus following an enemy shelling.  The tinnitus was caused only by the "noise."  "Not by any concussion."  This report shows he was admitted to the hospital on 16 October 1944 and discharged from the hospital on 17 October 1944.

6.  The Neuropsychiatric Case Report also shows prior to the above period of hospitalization the applicant was hospitalized at the Valley Forge General Hospital from 3-13 September 1944 and "L.S. recommended,"  but the replacement center sent him to the 79th Division, while he was waiting reassignment to his original outfit.  He was there 2 days and he could hear artillery.  He couldn’t stand it; hit himself on the head with his helmet and he was sent there.  He was asked if he heard voices and he stated that he sometimes heard his mother and God.  

7.  A Clinical Record Brief, dated 20 December 1944, shows the applicant's final diagnosis was psychosis, unclassified, acute schizophrenic episode, improved.

8.  An Ear, Nose, and Throat Examination, date 28 December 1944, shows both of his eardrums were distorted and scarred.  An audiogram reports a 17 percent loss of hearing in the left ear, a 7 percent loss in the right ear, and bilateral tinnitus.

9.  The applicant's neuropsychiatric condition was considered to have been incurred in the line of duty and he was honorably discharged under the provisions of Army Regulation 615-360 on 1 February 1945 with a Certificate of Disability Discharge.  He completed 1 year, 7 months, and 20 days of service for pay purposes with no lost time. 

10.  His WD AGO 53-55 (Enlisted Record and Report of Separation Honorable Discharge) provides the following:

* advancement to private first class, E-3
* assignment to the 749th Tank Battalion
* battle participation credit for the "Crossing of the Seine River"
* qualification as a marksman on the rifle 
* award of the European Theater of Operations (ETO) Ribbon and an Honorable Service Lapel Button
* item 34 (Wounds Received in Action) shows "None"
* service in Europe from 27 July through 1 December 1944

11.  The available evidence contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was considered ineligible for award of the Good Conduct Medal (1st Award).

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving during World War II.  This document shows that, while the applicant was assigned to it, the 749th Tank Battalion participated in the Northern France and Rhineland campaigns. 

13.  Army Regulation 600-4 (Decorations) provided the policy and provisions during WW II for award of military awards and decorations.  It states the Purple Heart is awarded to members of the Armed Forces who were wounded in action against an enemy of the United States, or as a direct act of such enemy, provide that wound necessitated treatment by a medical officer.

14.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, completed 1 year of continuous active Federal military service while the United States was at war.  The award would not be made to an enlisted man whose records, during the required period of service, disclosed a conviction by any court-martial, or to one whose character or efficiency was rated below “excellent.”  

15.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  the American Campaign Medal was established on 15 March 1946 and is awarded for service within the American Theater of Operations between 7 December 1941 and 2 March 1946;

	b.  the proper name for the ETO Ribbon is the European-African-Middle Eastern Campaign Medal;

	c.  the World War II Victory Medal was established by an act of Congress on 6 July 1945 for service between 7 December 1941 and 31 December 1946; 

	d.  a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal; and

	e.  the Honorable Service Lapel Button (WWII) is authorized for honorable Federal military service between 8 September 1939 and 31 December 1946.  Lapel buttons are worn only on civilian clothing.

DISCUSSION AND CONCLUSIONS:

1.  The American Campaign Medal and WWII Victory Medal were authorized after the applicant was discharged.  The applicant meets the criteria for these awards and it is appropriate to award him these medals and include them on his discharge document.

2.  The applicant's WD AGO Form 53-55 incorrectly lists the European-African-Middle Eastern Campaign Medal as the ETO Ribbon.  It is appropriate to correct this listing on his discharge document.

3.  The applicant's WD AGO Form 53-55 lists the Crossing of the Seine River as a campaign at item 32.  While this was a battle it was part of a large campaign period and the entry should be removed from the WD AGO Form 53-55.  He is shown to have participated in two official campaigns, Northern France and Rhineland.  These campaigns should be included on his WD AGO 53-55.  

4.  Additionally he is authorized two bronze service stars which are authorized to be worn on the European-African-Middle Eastern Campaign Medal for participation in the above noted campaigns.

5.  At the time marksmanship qualification badges were denoted on the discharge document only in item 31 (Military Qualifications and Date).  They are currently listed as an award and it is appropriate to correct the records to show this badge with its full name with his other awards.  

6.  The applicant's award of the Honorable Service Lapel Button (WWII) is incompletely listed in the remarks section on the discharge document.  It is an official award and should be included in the awards section.  

7.  The applicant states that he was awarded the Purple Heart while hospitalized following a shelling by the enemy on or about 26 August 1944.  The available medical records show he was hospitalized following shelling from 3 through       13 September 1944.  The applicant's 28 December 1944 examination showed he had scarring of the eardrums in addition to the complaint of tinnitus and hearing loss. 

8.  Combining his statement and the finding of scarring of the eardrums three months later, it is reasonable to accept that the applicant did receive a combat wound for which he was awarded the Purple Heart.  It is appropriate to correct his discharge document to show this wound and the award of the Purple Heart.

9.  While the available records do not include a record of the applicant's conduct and efficiency ratings, there is no indication of any disqualifying incidents or recommendations for award of the Good Conduct Medal.  Therefore, as a matter of equity and based on his combat service, and his promotion to E-3, it is appropriate to award the applicant the Good Conduct Medal for his period of service from 12 June 1943 through 1 February 1945.

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 the WD AGO Form 53-55, at item 33, the ETO Ribbon and, at item 55, the Lapel Button;

	b.  awarding him the Good Conduct Medal for the period 12 June 1943 through 1 February 1945;

	c.  showing in item 34 of his WD AGO Form 53-55 he received a combat wound to his ears on or about 26 August 1944; and 

	d.  adding the Good Conduct Medal, Purple Heart, American Campaign Medal, European-African-Middle Eastern Campaign Medal with two bronze service stars, WWII Victory Medal, Marksman Marksmanship Qualification Badge with Rifle Bar, and the Honorable Service Lapel Button (WWII) to his WD AGO Form 53-55.



      _____________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)                                         AR20120010418



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ABCMR Record of Proceedings (cont)                                         AR20120010418



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