IN THE CASE OF:	  

		BOARD DATE:	  17 December 2013

		DOCKET NUMBER:  AR20130006220 


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 and correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show this award.

2.  The applicant states he was wounded in action by a grenade during World War II (WWII), but he never received the Purple Heart.  His service treatment record clearly shows he was wounded in combat with the enemy during WWII.

3.  The applicant provides:

* Department of Veterans Affairs (VA) Form 21-22 (Appointment of Veterans Service Organization as a Claimant's Representative)
* VA Form 21-4138 (Statement in Support of Claim)
* hospital diagnosis
* Army of the United States Honorable Discharge Certificate
* Enlisted Record
* WD AGO Form 55 (Honorable Discharge from the Army of the United States)
* WD AGO Form 163 (Adjusted Service Rating)
* 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 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 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 applicant's Enlisted Record shows he enlisted in the Army on 20 July 1938.  He attained the rank of corporal on 26 December 1940.  He was honorably discharged by reason of expiration of term of service on 19 July 1941.

4.  His WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty at Camp Upton, NY, on 4 March 1942.  This form also shows he held military occupational specialty 677 (Military Policeman) and he was assigned to the 179th Military Police Company at the time of separation.

5.  His WD AGO Form 53-55 shows he departed the continental United States on 2 August 1942 and arrived in the European theater of operations on 7 August 1942.  He departed the European theater on 27 October 1942 and arrived in the Mediterranean theater of operations on 8 November 1942.  He departed the Mediterranean theater on 11 September 1945 and arrived in the United States on 28 September 1945.

6.  He completed 5 months and 3 days of continental service and 3 years, 1 month, and 27 days of foreign service.  He was honorably discharged on 3 October 1945 by reason of demobilization.

7.  Item 31 (Military Qualifications and Date) of his WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge.

8.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the Algeria-French Morocco and Tunisia campaigns.

9.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Service Medal with bronze arrowhead device and Army Good Conduct Medal.

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

11.  He submits a document issued by the 70th General Hospital, dated 20 September 1944, which states he was assigned to the 179th Military Police Company and shows his present classification code as "B."  It also states:

Findings of the Board in Brief – Wounded in action in Casserine [Kasserine] Pass, Tunisia, 9 June 1943 in chest and legs by grenade fragments.  Reclassified at 12th Gen Hosp [12th General Hospital] 23 April 1943.

12.  According to the U.S. Army Center of Military History website, the Battle of Kasserine Pass took place during the Tunisia Campaign of WWII in February 1943.  It was a series of battles fought around Kasserine Pass, a 2-mile wide gap in the Grand Dorsal chain of the Atlas Mountains in west central Tunisia.  The Axis forces involved, led by Field Marshal Erwin Rommel, were primarily from the Afrika Korps Assault Group, elements of the Italian Centauro Armored Division and two Panzer divisions from the 5th Panzer Army.  The Allied forces involved came from the U.S. Army's II Corps commanded by Major General Lloyd Fredendall, and the British 6th Armored Division commanded by Major General Charles Keightley, which were part of the British 1st Army commanded by Lieutenant General Kenneth Anderson.

13.  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 medical treatment, and the medical treatment must have been made a matter of official record.  

	b.  The Bronze Star Medal is awarded to members of the Armed Forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Combat Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.

	c.  The WWII Victory Medal was awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

	d.  The European-African-Middle Eastern Campaign Medal was awarded for service within the European African-Middle Eastern theater between 7 December 1941 and 8 November 1945.  The 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.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the European-African-Middle Eastern Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provides a medical document issued by the 70th General Hospital on 20 September 1944 which confirms he was wounded in action in his chest and legs by grenade fragments in the Kasserine Pass, Tunisia, on 9 June 1943.  Therefore he should be awarded the Purple Heart and his WD AGO 
Form 53-55 should be corrected to show this award.

2.  He also served a qualifying period for award of the WWII Victory Medal.  Therefore, his WD AGO Form 53-55 should be corrected to show this award.

3.  The evidence of record shows he was awarded the Combat Infantryman Badge.  Based on award of this badge, he is authorized award of the Bronze Star Medal.  Therefore he should be awarded the Bronze Star Medal and his WD AGO Form 53-55 should be corrected to show this award.

4.  His records show he participated in two campaigns during his service in WWII.  Therefore, he is authorized two bronze service stars to be affixed to his European-African-Middle Eastern Campaign Medal.


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:

* awarding him Bronze Star Medal for meritorious service from 7 August 1942 to 8 May 1945
* awarding him the Purple Heart for wounds received in action in Tunisia on 9 June 1943
* adding the following awards to his WD AGO Form 53-55 –

* Bronze Star Medal
* Purple Heart
* WWII Victory Medal
* two bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Service Medal with "arrowhead" and two bronze service stars



      _______ _   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)                                         AR20130006220



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ABCMR Record of Proceedings (cont)                                         AR20130006220



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