BOARD DATE: 19 February 2014
DOCKET NUMBER: AR20130010770
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, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show he was awarded the Purple Heart.
2. The applicant states, in effect, his Purple Heart is not shown on his WD AGO Form 53-55.
3. The applicant provides copies of:
* WD AGO Form 53-55
* Certificate for award of the Purple Heart
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 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 the applicant'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 applicant's WD AGO Form 53-55, as previously corrected, shows:
a. on 10 December 1942, he enlisted in the Army as a member of the Reserve Component. He entered active duty on 22 January 1943;
b. he served in the European Theater of Operations (ETO) from
13 November 1944 to 1 July 1945;
c. he was assigned to Headquarters Battery, 3163rd Signal Service Company;
d. he was awarded:
* European-African-Middle Eastern Campaign Medal with three bronze service stars
* Good Conduct Medal
* World War II Victory Medal
* Army of Occupation Medal with Germany Clasp
e. he received no wounds as the result of enemy action;
f. he was discharged on 11 January 1946; and
g. he completed 2 years, 3 months, and 7 days of continental United States service.
4. Permanent Order 120-04, U.S. Army Human Resources Command (HRC), dated 30 April 2009, announced award of the Purple Heart to the applicant for wounds received in action on 1 January 1945 in the ETO. A certificate showing this award was also published and signed.
5. Army Regulation 600-8-22 (Military Awards) states the American Campaign Medal is awarded for qualifying service in the American Theater between
7 December 1941 and 2 March 1946. Qualifying service for this campaign medal includes service within the continental United States for an aggregate period of one year.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that his WD AGO Form 53-55 should be corrected to show he was awarded the Purple Heart.
2. A Permanent Order issued by HRC in 2009 and a corresponding certificate clearly shows that the applicant was awarded the Purple Heart for being wounded in action on 1 January 1945 in the ETO. Therefore, his WD AGO Form 53-55 should be corrected to reflect both his being wounded and being awarded the Purple Heart.
3. He also served a qualifying period for award of the American Campaign Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X___ ___X_____ ___X_____ 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. showing in the appropriate block of his WD AGO Form 53-55 that he was wounded in action on 1 January 1945; and
b. adding the Purple Heart and the American Campaign Medal 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) AR20130010770
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130010770
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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