IN THE CASE OF:	  

		BOARD DATE:	  16 July 2013

		DOCKET NUMBER:  AR20130000348 


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, the son of a deceased former service member (FSM), requests that the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to show two awards of the Purple Heart (PH with Oak Leaf Cluster (OLC)).

2.  The applicant states the FSM's discharge document does not show the PH with OLC.  This documentation needs to be corrected so his grave marker can be properly prepared.

3.  The applicant provides copies of:

* Letter with enclosures from the National Personnel Records Center, dated 14 May 2012
* DD Form 149 (Application for Correction of Military Record) dated 21 May 2012
* Photocopy of awards including a PH and a PH with OLC
* Photocopy of PH boxes
* Extract of what appears to be the FSM's military records indicating Decorations
* Letter from the Adjutant General's Office, dated 30 January 1946
* WD AGO Form 53-55
* DA Form 1577 (Authorization for Issuance of Awards)
* Newspaper articles, undated
* Western Union Telegram, undated
* WD AGO Form 234 (Hospital Notification) dated 7 February 1945
* WD AGO Form 234 (Hospital Notification) dated 22 February 1945
* WD AGO Form 234 (Hospital Notification) dated 9 March 1945
* Military Honor Roll, Pittsburgh Post-Gazette, dated 13 March 1945
* Certificate, Military Order of the Purple Heart, dated 11 February 1987
* National Purple Heart Hall of Honor internet search results
* General Orders, 94th U.S. General Hospital, dated 8 March 1945
* Letter from the Army Board for Correction of Military Records (ABCMR), dated 26 November 2012
* Obituary notice of the FSM’s death on 25 April 2012
* FSM's Certificate of Death
* Applicant's Certificate of Birth

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 FSM'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 the FSM's records were lost or destroyed in that fire.  However, the applicant has provided sufficient documents for the Board to conduct a fair and impartial review of this case.

3.  The FSM's WD AGO Form 53-55 indicates that:

	a.  he was inducted into the Army on 28 November 1942 and entered active duty on 12 December 1942;

	b.  he was assigned to Company G, 335th Infantry Regiment;

	c.  he was assigned to the European Theater of Operations (ETO) from 
10 October 1944 to 24 March 1945, but specific campaigns were not listed;

	d.  he was awarded the European-African-Middle Eastern (EAME) Campaign Medal and the Lapel Button;

	e.  his wounds were not available; and

	f.  he was separated on 16 August 1945.

4.  The newspaper article provided by the applicant states the FSM was wounded twice in action.  The first time was in the legs on 4 December 1944 in Germany and the second time was in the left arm on 24 January 1945 in Belgium.

5.  A Western Union telegram states the FSM was wounded on 22 January 1945 in Belgium.

6.  General Orders Number 6, 94th U.S. General Hospital, dated 8 March 1945 announced award of the PH with OLC to the FSM for wounds received on 
22 January 1945.

7.  On 30 January 1946, the Acting The Adjutant General wrote a letter to the FSM wherein he informed the FSM that a review of his military records indicated that he was entitled to the following awards, which he could have added to his discharge certificate by presenting it to the Demobilized Personnel Records Branch in St. Louis, Missouri:

* PH with OLC
* Good Conduct Medal
* Combat Infantryman Badge
* American Theater Service Ribbon (currently known as the American Campaign Medal)
* EAME with two bronze service stars for the Rhineland and Ardennes campaigns
* World War II Victory Medal

8.  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 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.

9.  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 publication shows that the 335th Infantry Regiment, during the time of the applicant's assignment participated in two campaigns, the Ardennes-Alsace and Rhineland.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM's WD AGO Form 53-55 should be corrected to show the PH with OLC.

2.  The available evidence clearly shows that the following wound information should be added to his WD AGO Form 53-55:

	a.  4 December 1944, Germany, wounded in legs; and 

	b.  22 January 1945, Belgium, wounded in left arm.

3.  The available evidence shows that the applicant was awarded the Combat Infantryman Badge for his service in the EAME.  Accordingly, he is also entitled to award of the Bronze Star Medal.  Therefore, he should be awarded the Bronze Star Medal.

4.  The available evidence clearly and convincingly shows that the following awards should be added to the FSM's WD AGO Form 53-55:

* PH with OLC
* Bronze Star Medal
* Good Conduct Medal
* American Campaign Medal
* EAME with 2 bronze service stars
* World War II Victory Medal
* Combat Infantryman Badge







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 the FSM the Bronze Star Medal for meritorious service in the EAME from October 1944 to March 1945 based on award of the Combat Infantryman Badge;

	b.  adding on the FSM's WD AGO Form 53-55 the following wound information:

* 4 December 1944, Germany, wounded in legs
* 22 January 1945, Belgium, wounded in left arm

	c.  deleting from the FSM's WD AGO Form 53-55 the European-African-Middle Eastern Theater Medal; and

	d.  adding:

* Purple Heart with one Oak Leaf Cluster
* Bronze Star Medal
* Good Conduct Medal
* American Campaign Medal
* European-African-Middle Eastern Campaign Medal with 2 bronze service stars






* World War II Victory Medal
* 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)                                         AR20130000348





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ABCMR Record of Proceedings (cont)                                         AR20130000348



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