BOARD DATE:	  2 July 2013

		DOCKET NUMBER:  AR20120021454 


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 records to show award of the Purple Heart, Bronze Star Medal, three oak leaf clusters (properly known as bronze service stars) for the already-awarded European-African-Middle Eastern Campaign Medal, and Presidential Unit Citation.

2.  The applicant states an individual gave him a handwritten list stating the applicant was authorized the Combat Infantryman Badge, American Campaign Medal, European Campaign Medal with three oak leaf clusters, Bronze Star Medal, Army Good Conduct Medal, World War II Victory Medal, and Presidential Unit Citation.  He further states he believes he is authorized the Bronze Star Medal for action in the Grand Halleux Battle on 15 January 1945 and the Purple Heart for anti-personnel shell wounds (18 sliver pieces of shrapnel) he received during the Rhine River crossing at Budberg, Germany on 24 March 1945.  He was assigned to an Anti-Tank Company of the 291st Infantry Regiment, 75th Infantry Division.

3.  The applicant provides:

* Honorable Discharge Certificate
* WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge)
* printout related to the 291st Infantry Regiment's travel itinerary to the European Theater of Operations (ETO)
* printout of an article titled "The Crossing of the Rhine Friday, 23 March 1945"
* printout of a map that appeared in a Bulgebusters Newsletter
* printout regarding requesting of medals and awards not previously issued 
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 military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  The following information was derived from documents furnished by the applicant and obtained through other sources available to the ABCMR.

3.  The available evidence shows he was inducted into the Army on 19 December 1942 and entered active service on 29 December 1942.  

4.  His WD AGO Form 53-55 shows he arrived in the ETO on 2 November 1944.    This form shows he departed from overseas on 17 January 1946 and arrived in the United States on 3 February 1946.  He was credited with participation in the Ardennes, Rhineland, and Central Europe campaigns.

5.  On 13 February 1946, he was honorably discharged in the rank of technician fourth grade due to demobilization after completing 3 years, 1 month, and 16 days of active service.

6.  His WD AGO Form 53-55 also shows in:

* Item 6 (Organization) "291st Infantry Regiment"
* Item 31 (Military Qualification and Date) the Combat Infantryman Badge
* Item 33 (Decorations and Citations) the American Campaign Medal, European-African-Middle Eastern Campaign Medal, Good Conduct Medal, and World War II Victory Medal
* Item 34 (Wounds Received in Action) "NONE"
* Item 55 (Remarks) he was issued the Lapel Button

7.  A health record research project, commonly referred to as the "Surgeon General's Office Files," involved transposing the hospital admission card data from the periods of World War II and the Korean War onto magnetic tape.  These files show the applicant was admitted to a hospital in October 1944.  The reason shown for his admission was not that of an injury or wound.

8.  His available records do not contain orders or a recommendation for award of the Purple Heart or the Bronze Star Medal.

9.  Army Regulation 600-8-22  (Military Awards) provides that 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 such 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.

10.  A review of his available documents indicates he is entitled to additional awards which are not shown on his WD AGO 53-55.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists World War II units that are authorized occupation credit and, therefore, entitlement to the Army of Occupation Medal.  This pamphlet shows the 291st Infantry Regiment received occupation credit for Germany for the period 2 May 1945 through 5 July 1945.

12.  Department of the Army Pamphlet 672-1 also shows the 291st Infantry Regiment received credit for participation in the Ardennes, Rhineland, and Central Europe campaigns.  It does not show that the 291st Infantry Regiment was cited for award of the Presidential Unit Citation.

13.  Army Regulation 600-45 (Decorations), then in effect, which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, a "wound" is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy. 
14.  Army Regulation 600-8-22 states the Purple Heart is awarded for a wound sustained 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.

15.  Army Regulation 600-8-22 provides that bronze service stars are worn on campaign and service medals to denote participation in a named campaign and on the service ribbons to denote an additional award.  Named campaigns are listed in appendix B.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, which in this case is the European-African-Middle Eastern Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  Based on his award of the Combat Infantryman Badge he is entitled to award of the Bronze Star Medal.  Therefore, he is entitled to have this award added to his WD AGO Form 53-55.

2.  His WD AGO Form 53-55 shows he served in the Ardennes, Rhineland, and Central Europe campaigns in the European-African-Middle Eastern Theater.  Therefore, he is entitled to have three bronze service stars added to his European-African-Middle Eastern Campaign Medal shown on his WD AGO Form 53-55.

3.  He served in the European theater during the period when his unit was cited for occupation credit for Germany.  As such, it would be appropriate to add the Army of Occupation Medal with Germany Clasp to his WD AGO Form 53-55.

4.  The applicant contends he received 18 sliver pieces of shrapnel from anti-personnel shell wounds during the Rhine River crossing on 24 March 1945.  However, the evidence of record does not show and the applicant has not provided evidence showing he received wounds as a result of hostile action that required treatment by medical personnel and that a record was made of that treatment.  In the absence of such evidence, there is no basis for awarding him the Purple Heart.

5.  Department of the Army Pamphlet 672-1 does not show that the 291st Infantry Regiment was cited for the Presidential Unit Citation.  As such, there is no basis for adding this unit award to his WD AGO Form 53-55.

6.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x__  ____x____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 him the Bronze Star Medal based upon award of the Combat Infantryman Badge;

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

	c.  adding the Bronze Star Medal, European-African-Middle Eastern Campaign Medal with three bronze service stars, and the Army of Occupation Medal with Germany Clasp to his WD AGO Form 53-55.

2.  The Board further determined 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 award of the Purple Heart and the Presidential Unit Citation.  


      _______ _ 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)                                         AR20120021454



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ABCMR Record of Proceedings (cont)                                         AR20120021454



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