IN THE CASE OF:
BOARD DATE: 24 October 2013
DOCKET NUMBER: AR20130004986
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, in effect, correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Purple Heart.
2. The applicant states he believes the FSM received the Purple Heart after being wounded in combat.
3. The applicant provides the 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 FSM'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 his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The FSM's WD AGO Form 53-55 shows:
a. He was inducted into the Army on 8 October 1942 and entered active duty on 22 October 1942.
b. He was assigned to Company E, 156th Infantry.
c. His military qualifications included the Combat Infantryman Badge and a Marksman Marksmanship Qualification Badge with Rifle Bar.
d. He served in the European theater of operations from 24 May 1944 to on or about 20 November 1945.
e. He participated in the Northern France, Central Europe, and Rhineland campaigns.
f. He was awarded or authorized the:
* Army Good Conduct Medal
* American Theater Campaign Ribbon (now known as the American Campaign Medal)
* European-African-Middle Eastern (EAME) Theater Campaign Ribbon (now known as the EAME Campaign Medal) with three bronze service stars
* three overseas service bars
* Victory Ribbon (now known as the World War II Victory Medal)
g. Item 34 (Wounds) is annotated "None."
h. He was honorably discharged on 3 December 1945 upon demobilization.
4. A hospital admission document indicates the FSM was admitted in September 1944 and contains the following entries:
a. battle casualty or battle injury other than self-inflicted injury or injury intentionally inflicted by another person;
b. casualty, battle;
c. fracture, compound, tibia; and
d. artillery shell, blast effects.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Purple Heart is awarded for a wound sustained in action against an enemy or 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.
b. 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 Combat Medical Badge is considered to be a citation in orders for the Bronze Star Medal. Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the FSM's WD AGO Form 53-55 should be corrected to show award of the Purple Heart has been carefully considered.
2. The evidence shows the FSM was admitted for medical treatment in September 1944 as a battle casualty for a compound-fractured tibia caused by the blast effects of an artillery shell. It appears the FSM met the criteria for award of the Purple Heart. The Purple Heart and the wound should be shown on his WD AGO Form 53-55.
3. Based on award of the Combat Infantryman Badge, the FSM met the eligibility criteria for award of the Bronze Star Medal. Therefore, the FSM should be awarded the Bronze Star Medal and his WD AGO Form 53-55 should be corrected 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 the evidence presented is 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 based on award of the Combat Infantryman Badge,
b. adding award of the Bronze Star Medal and Purple Heart to the FSM's WD AGO Form 53-55, and
c. replacing the current entry in item 34 of the FSM's WD AGO Form 53-55 with the entry "compound fracture tibia September 1944."
_______ _ 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.
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