IN THE CASE OF:	  

		BOARD DATE:	  25 July 2013

		DOCKET NUMBER:  AR20120022541 


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 (PH).

2.  The applicant states the PH was given to him at the hospital after he was evacuated following the Rhine River invasion.

3.  The applicant provides:

* A self-authored statement
* Physician's statement
* National Personnel Records Center (NPRC) Letter 
* FSM's WD AGO Form 53-55

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 (NPRC) in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using his WD AGO 
Form 53-55.  

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

	a.  was inducted into the Army of the United States and entered active duty on 31 August 1944;

	b.  served until he was honorably discharged on 30 June 1946, having completed 1 year, 3 months, and 8 days of creditable active duty service of which 6 months and 22 days was foreign service performed in the European Theater of Operations (ETO) between 9 February 1945 to 17 August 1945;

	c.  he participated in the Central Europe and Rhineland campaigns while serving in the ETO; and

   d.  earned the following awards:

* Combat Infantryman Badge (CIB)
* American Campaign Medal
* Army of Occupation Medal
* European-African-Middle Eastern Campaign Medal (EAME)
* Army Good Conduct Medal
* World War II Victory Medal
* Army Lapel Button
   
   e.  Item 34 (Wounds Received In Action) contains a hand written entry; however, it does not contain an official entry.
   
4.  The applicant's NPRC File contains a "BDH" Form 91 (Ear Nose and Throat (ENT) Examination), undated, which shows the applicant was hospitalized and sustained "deafness, perceptive type, bilateral, mild, due to concussion from landing of a rocket close to him and being blown out of his foxhole, at Rhine River, Germany, 27 March 1945."

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

	a.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states the PH is awarded to any member who has been wounded or killed in action.  A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation.  In order to support awarding a member the PH, it is necessary to establish that the wound for which the award is being made required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action and must have been made a matter of official record.

	b.  Paragraph 3-13d(2) of the awards regulation states the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945.  This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders for award of the BSM.

	c.  Paragraph 5-13 of the awards regulation contains guidance on the European-African-Middle Eastern Campaign Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the ETO.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends entitlement to the PH.  This claim was carefully considered and found to have merit.

2.  The evidence in this case confirms the applicant sustained a mild concussion when he was blown out of his foxhole by a rocket that landed near his location resulting in deafness.  This evidence also confirms he received medical treatment for his wound.  Accordingly, the regulatory criteria necessary for award of the PH has been satisfied in this case.  In addition, item 34 of his WD AGO Form 53-55 should be corrected to show he was wounded.

3.  The evidence confirms the FSM received the CIB while serving in the ETO during World War II.  By regulation, members who received the CIB during World War II are authorized award of the BSM.  As a result, it would be appropriate to award him the BSM and add this award to his WD AGO Form
53-55 at this time.

4.  Finally, based on the applicant's campaign participation in the ETO, he earned 2 bronze service stars.  Accordingly, these 2 bronze service stars should be added to his already-awarded EAME Campaign Medal at this time to reflect.


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 Purple Heart for wounds sustained in Germany on 27 March 1945;

   b.  awarding him the Bronze Star Medal based on award of the CIB;

	c.  adding the Purple Heart, Bronze Star Medal, and two bronze service stars to his already-awarded European-African-Middle Eastern Campaign Medal to his item 33 (Decorations and Citations) of his WD AGO Form 53-55; 

	d.  adding to item 34 of his WD AGO Form 53-55 the entry "Rhine River, Germany, 27 March 1945"; and

   e.  issuing him a document to reflect the above corrections.




      __________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)                                         AR20120022541



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ABCMR Record of Proceedings (cont)                                         AR20120022541



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