BOARD DATE:	  9 January 2014

		DOCKET NUMBER:  AR20130008638 


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 widow of a deceased former service member (FSM), requests that the FSM be awarded two awards of the Purple Heart (PH) and to show these awards on his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).

2.  The applicant states the FSM was twice wounded during World War II.  He received a disability check for injuries to his right eye and to his left foot.

3.  The applicant provides copies of the FSM's:

* WD AGO Form 53-55
* WD AGO Form 100 (Army Separation Qualification Record),               dated 7 September 1945
* State Drivers License
* Certification of Birth
* Department of Veterans Affairs (VA) Identification Card
* Social Security Card
* Newspaper clipping, undated
* Rhode Island Record of Marriage, as filed on 8 October 1946
* Rhode Island Certificate of Death, dated 1 October 1990



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 (NPRC) 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 11 October 1941 and entered active duty on that same day;

	b.  he was subsequently assigned to Company F, 21st Engineer Aviation Battalion;

	c.  he was assigned to the European Theater of Operations (ETO) from 
10 June 1942 to 22 August 1945;

	d.  he participated in the following seven campaigns:

* Algeria French Morocco
* Sicily
* Naples Foggia
* Rome Arno
* Southern France
* North Apennines
* Rhineland



	e.  his awards are:

* Good Conduct Medal
* American Defense Service Medal
* European-African-Middle-Eastern (EAME) Campaign Medal
* Driver's and Mechanic's Badge
* Lapel Button

	f.  no wounds indicated; and

	g.  he was separated on 7 September 1945.

4.  The Office of the Surgeon General files (commonly referred to as the SGO files), a health record research project, involved transposing hospital admission card data from the period of World War II onto magnetic tape.  In 1988, the National Research Council made these tape files available to the NPRC.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973. The best available estimation of the completeness of this project is that it captured at least 95 percent of all combat casualty hospital admissions.

5.  A review of the SGO files found a record showing the FSM had been wounded as the result of a battle casualty on 14 January 1944.  He received medical treatment for a wound to his eye that occurred during an enemy air raid.

6.  Army Regulation 600-8-22 (Military Awards):

	a.  This regulation provides that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

	b.  This regulation provides for the wear of a bronze service star on the EAME Campaign Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

	c.  This regulation provides for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.



DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that the FSM's military records be corrected to show two awards of the PH and to show them on his WD AGO Form 53-55.

2.  The available evidence clearly shows that on 14 January 1944 the FSM was wounded as the result of an enemy air raid and that he received medical treatment for a wound to his eye.  Therefore, his records should be corrected to show entitlement to the PH for this wound.

3.  However, there is no available evidence to support the applicant's contention that the FSM had received a second wounding while in action.  Therefore, there is no basis upon which to show entitlement to a second award of the PH.  Accordingly, this portion of the request should be denied.

4.  The available evidence shows that the FSM had participated in seven campaigns.  Therefore, he is authorized to wear one silver service star and two bronze service stars on his EAME Campaign Medal.

5.  The available evidence shows that the FSM served during a qualifying period for award of the World War II Victory Medal.  Therefore, this medal should be shown on his 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.  awarding the FSM the Purple Heart for wounds received in action on 
14 January 1944;

	b.  adding to item 34 (Wounds Received in Action) the entry, 14 January 1944;

	c.  deleting from his WD AGO Form 53-55 the EAME Campaign Medal; and

	d.  adding to his WD AGO Form 53-55, in addition to the awards already shown, the:

* Purple Heart
* European-African-Middle-Eastern Campaign Medal with one silver service star and two bronze service stars
* World War II Victory Medal

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 showing the FSM was entitled to a second 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)                                         AR20130008638



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ABCMR Record of Proceedings (cont)                                         AR20130008638



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