BOARD DATE:	  7 November 2013

		DOCKET NUMBER:  AR20130009183 


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.

2.  He states he received a wound to his eye in battle in France in 1945.  The wound is reflected on a WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement) completed prior to his discharge.  It shows:

* he received a shrapnel wound to his right eyebrow on 1 February 1945 in France
* shrapnel was retained in his tissue with no injury to his eye

3.  He provides:

* WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge)
* WD AGO Form 38
* Congressional correspondence
* Veterans Administration (VA) Rating Decision
* Application to the State of Iowa for World War II Service Compensation
* three National Archives Forms 13045 (Informal Information Reply)
* Request for Service Information in Connection with Insurance
* National Personnel Records Center (NPRC) Test Form 99-2B (Addendum to DA Form 1577 (Authorization for Issuance of Awards))


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 for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC), St. Louis, MO, in 1973.  An unknown number of his records were lost or destroyed in that fire.  This case is being considered using the records he provides and the remaining documents in his reconstructed NPRC file.

3.  On 3 September 1942, he was inducted into the Army of the United States and he entered active service on 18 September 1942.

4.  His Service Record shows:

* he held military occupational specialty (MOS) 858 (medical laboratory technician)
* he was rated as a parachutist on 14 October 1944 
* he received parachutist pay

5.  His Service Record shows the following assignments and transfers:

* June 1943 – 70th General Hospital
* 2 September 1943 – arrived in Algeria 
* 5 September 1944 – transferred from the 70th General Hospital, Army Post Office (APO) 421 (Oran, Algeria) to the 24th Replacement Depot, APO 600 (Oran, Algeria)
* 13 November 1944 – transferred from the Airborne Training Center, APO 512 (Caserta, Italy) to the 24th Replacement Depot
* 26 November 1944 – reported for assignment to the 2nd Replacement Depot, APO 776 (France)
* 30 December 1944 – reported for assignment to the 101st Airborne Division and assigned to Company E, 327th Glider Infantry Regiment, APO 472 (France)
* 25 June 1945 – transferred from Company E, 327th Glider Infantry Regiment to the 82nd Airborne Division
* 20 October 1945 – transferred from the 376th Parachute Field Artillery Battalion, 82nd Airborne Division to the 90th Reinforcement Battalion, APO 873 (Bamberg, Germany)

6.  His Service Record is void of entries indicating he was wounded or awarded the Purple Heart.

7.  A WD AGO Form 38 shows he underwent a physical examination on 18 November 1945.  The form shows the note "shrapnel [penetrating] wound, right eyebrow, incurred February 1st, 1945, France.  Shrapnel still in tissues; no injury to eye."  The form shows the wound was incurred in the line of duty.

8.  On 18 November 1945, he was honorably discharged.  His WD AGO Form 53-55 shows in:

* item 31 (Military Qualification and Date) – Combat Infantryman Badge (CIB) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* item 32 (Battles and Campaigns) – 

* Rome-Arno
* Ardennes
* Rhineland
* Central Europe

* item 33 (Decorations and Citations) – 

* one service stripe
* four service bars
* European-African-Middle Eastern Campaign Medal with four bronze service stars
* Army Good Conduct Medal
* World War II Victory Medal

* item 34 (Wounds Received in Action) – no entry


* item 36 (Service Outside Continental U.S. and Return) – he arrived in the European Theater of Operations (ETO) on 2 September 1943 and departed on 6 November 1945
* item 41 (Service Schools Attended) – 3-week Parachute Jump Training

9.  He provides a VA Rating Decision, dated 20 June 1988, that shows he was granted service-connection for a shrapnel wound scar at the medial end of his right eyebrow with a retained fragment.  An x-ray showed a small metallic foreign body embedded in the area of his injury.

10.  In a self-authored handwritten note on page two of the VA Rating Decision, the applicant stated he "was hit just after the Bulge."  He stated, "Later on I discovered I had a piece off [sic] something and went on sick call.  The doctor said he couldn't do anything with it because at that time it didn't bother me."

11.  He provides an Application to the State of Iowa for World War II Service Compensation, dated 18 July 1949, wherein he indicated he had served with the 70th General Hospital and with Company E, 327th Glider Infantry Regiment.

12.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Purple Heart is awarded for a wound sustained while in action against an enemy or 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 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 CIB or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.


	c.  The Army of Occupation Medal with Germany Clasp qualifying service must have occurred between 9 May 1945 and 5 May 1955.  Service between
9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945.

	d.  The basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists occupation credit for World War II units.  It shows the 327th Glider Infantry Regiment received occupation credit for Germany during the period 2 May to 31 October 1945.

14.  Technical Manual 12-235 (Enlisted Personnel – Discharge Procedures and Preparation of Separation Forms), in effect at the time, provided instructions for completing the WD AGO Form 53-55.  It states for item 34, enter the date wounded and theater.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence confirms the applicant received a wound to his right eyebrow.  Although he indicates he did not receive medical treatment for the wound, it is reasonable to presume that a wound with retained shrapnel would have required treatment.  Considering he was wounded in the line of duty during a period of heavy fighting in the ETO while assigned to an infantry unit, it is also reasonable to presume that his wound was a result of enemy action.  Therefore, the available evidence is sufficient upon which to award him the Purple Heart for the wound he incurred on 1 February 1945 and to correct his WD AGO Form
53-55 to show this award.

2.  It would also be appropriate to correct item 34 of his WD AGO Form 53-55 to show he was wounded on 1 February 1945 while serving in the ETO.

3.  Based on his award of the CIB, he is entitled to award of the Bronze Star Medal.  Therefore, he should be awarded the Bronze Star Medal effective
6 November 1945 and his WD AGO Form 53-55 should be corrected to show this award.


4.  Evidence shows he completed the 3-week Parachute Jump Training.  His Service Record further shows he was rated as a parachutist on 14 October 1944.  Therefore, he is entitled to the Parachutist Badge and correction of his WD AGO Form 53-55 to show this badge.

5.  He was awarded the European-African-Middle Eastern Campaign Medal for service before 9 May 1945, and he served in a unit during a period for which the unit received occupation credit for Germany.  As such, the Army of Occupation Medal with Germany Clasp should be added to his WD AGO Form 53-55.

BOARD VOTE:

___x_____  ___x_____  ___x__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 Purple Heart for the wound he received on 1 February 1945;

	b.  awarding him the Bronze Star Medal effective 6 November 1945 based on his award of the CIB;

	c.  awarding him the Basic Parachutist Badge effective 14 October 1944;

	d.  adding to item 33 of his WD AGO Form 53-55 the:

* Bronze Star Medal
* Purple Heart
* Army of Occupation Medal with Germany Clasp
* Parachutist Badge


	e.  adding to item 34 of his WD AGO Form 63-55 the entry "1 February 1945, European Theater of Operations."



      _________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)                                         AR20130009183



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ABCMR Record of Proceedings (cont)                                         AR20130009183



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