BOARD DATE: 7 May 2013
DOCKET NUMBER: AR20120019300
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 award of the Purple Heart and correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show this award.
2. The applicant states he was never awarded the Purple Heart for injuries to his left hand that he received on 19 December 1944.
3. The applicant provides a Western Union telegram and a 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 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 for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center 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 to conduct a fair and impartial review of this case.
3. The applicant's reconstructed records show he enlisted in the Regular Army on 29 August 1940 and, at the time of his separation, he held military occupational specialty 345 (Driver) and was assigned to Company B, 48th Tank Battalion.
4. His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 2 July 1944 and he arrived in the European Theater of Operations (ETO) on 12 July 1944. He departed the ETO on 7 September 1945 and he arrived back in CONUS on 16 September 1945.
5. His reconstructed record contains a Western Union Telegram, dated 1944, sent to the applicant's mother, wherein it informed her that the applicant was wounded in action on 19 December [1944] and she would be advised of his condition as reports were received.
6. On 22 September 1945, he was honorably discharged at Fort McPherson, GA. He completed 3 years, 8 months, and 29 days of continental service and 1 year, 2 months, and 14 days of foreign service.
7. His WD AGO 53-55 shows the following in:
* Item 32 (Battles and Campaigns) that he participated in the Normandy, Rhineland, Central Europe, and Northern France campaigns
* Item 33 (Decorations and Citations) the American Defense Service Medal, Army Good Conduct Medal, and the European-African-Middle Eastern Campaign Medal with 4 bronze service stars
8. Army Regulation 600-8-22 (Military Awards) states:
a. The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.
b. 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 service within the continental United States for an aggregate period of one year
DISCUSSION AND CONCLUSIONS:
1. The applicant's reconstructed record confirms he was wounded in action on 19 December 1944. Therefore, he is entitled to award of the Purple Heart and correction of his WD AGO Form 53-55 to show this award.
2. He served during a qualifying period for award of the World War II Victory Medal and the American Campaign Medal; therefore, he is entitled to correction of his WD AGO Form 53-55 to show these medals.
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:
* awarding him the Purple Heart for wounds received in action on 19 December 1944
* adding to his WD AGO Form 53-55 the Purple Heart, World War II Victory Medal, and the American Campaign Medal
* issuing the applicant the Purple Heart, World War II Victory Medal, and the American Campaign Medal
_______ _ 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) AR20120019300
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ABCMR Record of Proceedings (cont) AR20120019300
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