IN THE CASE OF:	  

		BOARD DATE:  21 November 2013

		DOCKET NUMBER:  AR20130005945 


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 daughter of a deceased former service member (FSM), requests correction to his WD AGO 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to:

* show three bronze service stars affixed to his previously-awarded European-African-Middle Eastern Theater Campaign Medal
* award and add the Bronze Star Medal based on award of the Combat Infantryman Badge
* award and add the Purple Heart
* add the "Ruptured Duck pin" (lapel pin)

2.  The applicant further requests that the ribbon in the photograph of the FSM under the Combat Infantryman Badge be identified and listed on his WD AGO 53-55.

3.  The applicant states the Purple Heart is not listed on his WD AGO 53-55.  However, she was informed by some World War II (WWII) veterans that sometimes not all the awards were listed.  She has shown the photograph of the FSM to other WWII veterans and many think the ribbon looks like it might be the Purple Heart.  Additionally, she recalls the FSM having a hole-like mark on his back.  He told her it was a bullet-hole wound he received from a bullet that grazed him during WWII.



4.  The applicant provides:

* three self-authored statements
* Certificate of death
* Birth certificate
* Photograph of the FSM
* WD AGO 53-55
* Honorable discharge certificate
* Certificate

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 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 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 he was inducted into the Army of the United States and entered active duty 19 July 1944.  He held military occupational specialty (MOS) 605 (Machine Gunner Heavy) and was assigned to Company I, 41st Armored Infantry Regiment.  The highest rank he held was private first class.  He was honorably discharged on 3 February 1946.

	a.  Item 31 (Military Qualifications) shows he qualified as a Marksman with his rifle and he was awarded the Combat Infantryman Badge.

	b.  Item 32 (Battles and Campaigns) shows he participated in the Rhineland, Ardennes, and Central Europe campaigns.

	c.  Item 33 (Decorations and Citations) shows he was awarded the WWII Victory Medal and the European-African-Middle Eastern Theater Campaign Medal.  

	d.  Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 shows the entry "None."

	e.  Item 36 (Service Outside the Continental United States (CONUS) and Return) shows he departed CONUS for the European Theater of Operations (ETO) on 26 December 1944, arrived in the ETO on 8 “June” 1945 (it appears this should read 8 January 1945) and he departed the ETO for CONUS on 
19 January 1946.

	f.  Item 37 (Total Length of Service) shows he had 1 year, 1 month, and 6 days of foreign service.

	g.  Item 55 (Remarks) shows he was issued a lapel button (affectionately referred to as the Ruptured Duck pin by WWII Veterans).

4.  There were no medical records available for review in this case.

5.  The applicant provided a black and white photograph of the FSM depicting the European-African-Middle Eastern Theater Campaign Medal with three bronze service stars and an unknown medal or ribbon.  This unknown award appears to have a solid-colored center and light-colored edges.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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 for award of 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.




	b.  The European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.  This regulation also authorizes a bronze service star based on qualifying service for each campaign listed in appendix B or listed in item 32 of the WD AGO Form 53-55.

	c.  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 medical treatment, and the medical treatment must have been made a matter of official record.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:  injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by an enemy-placed mine or trap; injury caused by an enemy-released chemical, biological, or nuclear agent; injury caused by a vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy-generated explosions.

	d.  The Army Lapel Button (also referred to as the Ruptured Duck) is a gratuitous issue and the eligibility requirements are as follows:  (a) Soldiers transitioning with an honorable characterization of service (those being transferred to another component for completion of a military service obligation and those receiving an Honorable Discharge Certificate); (b) transitioning under a non-adverse separation provision; (c) have served a minimum 9 months continuous service - a break in service is 24 hours or more; (d) have had active Federal service on or after 1 April 1984 or service in a Ready Reserve unit organized to serve as a unit (Army National Guard unit or Army Reserve troop program unit) on or after 1 July 1986; (e) retroactive issuance is not authorized; and (f) no Soldier separating from the Service is to be awarded more than one Army Lapel Button.

	e.  The Army of Occupation Medal was established by War Department General Orders 32, dated 1946.  It is awarded for service for 30 consecutive days at a normal post of duty while assigned to Army of Occupation of Germany (exclusive of Berlin) between 9 May 1945 and 5 May 1955.  Service between 9 May and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.  Soldiers who served in the European theater during the occupation of Europe will wear the clasp inscribed "Germany."  Clasps bearing other inscriptions are not authorized.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  This pamphlet shows his unit of assignment was awarded the Army of Occupation Medal with Germany Clasp for the period of 2 May 1945 - 29 September 1945.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was awarded the Combat Infantryman Badge.  Based on his award of the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal and correction of his WD AGO Form 53-55 to show this medal.

2.  The FSM's WD AGO Form 53-55 shows he participated in three campaigns whiles serving in the ETO during WWII.  Therefore, he is entitled to correction of his WD AGO 53-55 to show three bronze service stars affixed to his previously awarded European-African-Middle Eastern Theater Campaign Medal.

3.  The evidence of record shows his unit was awarded the Army of Occupation Medal with Germany Clasp during the period of his assignment; therefore, he is entitled to correction of his WD ADO Form 53-55 to add this unit award.

4.  Item 36 incorrectly shows he arrived in the ETO on 8 June 1945.  Based upon the date he departed the ETO and his 1 year, 1 month, and 6 days of foreign service the entry "8 JUN 45" should be corrected to show "8 JAN 45."

5.  His WD AGO Form 53-55 contains the entry "None" in item 34 indicating he did not receive any wounds in action.  Additionally, there is no medical evidence available for review and the applicant did not provide sufficient evidence to show the FSM sustained any injuries as a result of hostile enemy action.  Absent such evidence, regrettably, there is no basis for granting award of the Purple Heart. 

6.  Item 55 of the FSM's WD AGO Form 53-55 shows he was issued a Lapel Button.  This is commonly referred to as the "Ruptured Duck" by WWII veterans. Since he Lapel Button his already listed on his WD AGO Form 53-55 no correction is necessary.

7.  Unfortunately, it is impossible to identify the unknown ribbon based on a black and white photograph with absolute certainty.  Additionally, even if the ribbon could be identified, without orders or authorization for a specific award it would not be authorized for entry on the WD AGO Form 53-55.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.  deleting from item 36 the entry "8 JUN 45" and replacing it with the entry
"8 JAN 45."

	b.  awarding the Bronze Star Medal based on the award of the Combat Infantryman Badge for service from 8 January 1945 to 7 May 1945; and

	c.  adding to his WD AGO Form 53-55 the:

* Bronze Star Medal
* three bronze service stars to be affixed to his previously-awarded European-African-Middle Eastern Campaign Medal
* Army of Occupation Medal with Germany Clasp

2.  The Board further determined that 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 the Purple Heart to his WD AGO Form 53-55.  



      _______ _  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)                                         AR20130005945





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130005945



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1