IN THE CASE OF:
BOARD DATE: 26 November 2013
DOCKET NUMBER: AR20130005815
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 issuance of a Purple Heart Certificate and medal set and correction of his records to show any additional awards to which he may be entitled.
2. He states the Purple Heart and Purple Heart Certificate were never issued to him. When he was wounded in action, he was taken to a hospital for treatment and then sent home. He is also seeking any other awards he may be entitled to.
3. He provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).
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 for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center, St. Louis, MO, in 1973. It is believed his records were lost or destroyed in that fire. This case is being considered using the WD AGO
Form 53-55 he has provided.
3. On 16 March 1943, the applicant was inducted into the Army of the United States. On 23 March 1943, he entered active service.
4. His WD AGO Form 53-55 shows in:
* item 6 (Organization) he was assigned to Company I, 311th Infantry Regiment, 78th Infantry Division
* item 21 (Military Qualification and Date)
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* item 32 (Battles and Campaigns)
* Ardennes
* Rhineland
* item 33 (Decorations and Citations)
* one overseas service bar
* American Campaign Medal
* European-African-Middle Eastern Campaign Medal with two bronze service stars
* Army Good Conduct Medal
* Purple Heart
* World War II Victory Medal
* item 34 (Wounds Received in Action) he was wounded in action in Linz, Germany, on 10 March 1945
* item 55 (Remarks) he was issued the Honorable Service Lapel Button
5. On 20 January 1946, he was honorably discharged.
6. Army Regulation 600-8-22 (Military Awards) states 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 is considered to be a citation in orders for award of the Bronze Star Medal. Therefore, the Bronze Star Medal is awarded to individuals who were awarded the Combat Infantryman Badge for service during World War II.
7. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists campaign credits for World War II units. This pamphlet shows the 311th Infantry Regiment was cited for award of the Distinguished Unit Citation (now called the Presidential Unit Citation) for the period 30 January to 7 February 1945 in War Department General Orders Number 30, dated 1946.
DISCUSSION AND CONCLUSIONS:
1. Based on his award of the Combat Infantryman Badge, the applicant is authorized award of the Bronze Star Medal. It would be appropriate to award him the Bronze Star Medal and correct his WD AGO Form 53-55 to show this award.
2. The available records indicate he served with the 311th Infantry Regiment during a period for which the unit was cited for award of the Presidential Unit Citation. His WD AGO Form 53-55 should be corrected to show this unit award.
3. In conjunction with these corrections, it would be appropriate to issue the Purple Heart medal set and a Purple Heart Certificate to him.
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 him the Bronze Star Medal based on award of the Combat Infantryman Badge;
b. adding award of the Bronze Star Medal and Presidential Unit Citation to item 33 of his WD AGO Form 53-55; and
c. issuing the appropriate medal sets and certificates, including the Purple Heart.
_______ _ 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) AR20130005815
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ABCMR Record of Proceedings (cont) AR20130005815
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