BOARD DATE:	  9 May 2013

		DOCKET NUMBER:  AR20120017218 


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) to show he was awarded the Purple Heart.

2.  He states he earned the Purple Heart on 26 August 1944 for wounds he received while serving in the European Theater of Operations (ETO).  His record at the Department of Veterans Affairs does not show the Purple Heart.

3.  He provides his WD AGO Form 53-55 and a WD AGO Form 079 (Record of Award of Decoration by Agency Other than War Department).

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 complete military record is not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using the documents he provides and orders provided by the Awards and Decorations Branch, U.S. Army Human Resources Command.

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

* he enlisted in the Army on 21 September 1942
* he served in the Infantry Branch
* he was promoted to sergeant
* he served in the ETO from 2 June 1943 to 30 June 1945

4.  General Orders Number 29, issued by Headquarters, 97th General Hospital, dated 11 September 1944, awarded him the Purple Heart for wounds received in action on 26 August 1944.  The orders show he was a corporal serving in the infantry branch at the time.

5.  On 22 October 1945, he was honorably discharged.  The WD AGO Form 
53-55 he was issued at the time shows in:

* item 6 (Organization), he was assigned to Company C, 71st Infantry Regiment at the time of his discharge
* item 31 (Military Qualification and Date) the Expert Infantryman Badge
* item 33 (Decorations and Citations), he was awarded the:

* European-African-Middle Eastern Campaign Medal with two bronze service stars
* Army Good Conduct Medal

* item 34 (Wounds Received in Action) the entry "Penetrating Wound - left arm 26 Aug 44 - Landerneau France"

6.  War Department Circular 269, dated in 1943, established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to the infantrymen.  The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  War 
Department Circular 86, dated in 1944, provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.
7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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 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.

	b.  The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955.  

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

	d.  The Honorable Service Lapel Button is authorized for honorable Federal military service between 8 September 1939 and 31 December 1946.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 71st Infantry Regiment received occupation credit for Germany from 2 May to 17 June 1945.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart for wounds received in action in the ETO on 26 August 1944.  Therefore, his WD AGO Form 53-55 should be corrected to show this award.

2.  When he was wounded in action in August 1944, he was a corporal and he was later promoted to sergeant.  The record confirms he participated in combat and based on the fact he was promoted to SGT and received the Army Good Conduct Medal, it is reasonable to presume his conduct in action against the enemy was exemplary.  Therefore, it would be appropriate to award him the Combat Infantryman Badge effective 26 August 1944, the date he was wounded in action, and to correct his WD AGO Form 53-55 to show this award.
3.  Based on award of the Combat Infantryman Badge, it would be appropriate to award him the Bronze Star Medal and to correct his WD AGO Form 53-55 to show this award.

4.  The applicant served during a qualifying period of service for entitlement to the World War II Victory Medal.  Therefore, his WD AGO Form 53-55 should be corrected to show this award.

5.  The applicant's unit in the ETO was granted occupation credit for Germany during his period of assignment.  Therefore, he is entitled to the Army of Occupation Medal with Germany Clasp 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.  awarding him the Combat Infantryman Badge effective 26 August 1944;

	b.  awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge; and

	c.  adding to his WD AGO Form 53-55 the:

* Bronze Star Medal
* Purple Heart
* World War II Victory Medal




* Army of Occupation Medal with Germany Clasp
* Combat Infantryman 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)                                         AR20120017218



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ABCMR Record of Proceedings (cont)                                         AR20120017218



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