IN THE CASE OF:	  

		BOARD DATE:	 17 April 2014

		DOCKET NUMBER:  AR20130014199 


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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show award of the Purple Heart and the Bronze Star Medal.

2.  He states:

	a.  He was wounded in World War II in Southern France and was treated in the field by Company A medics, but the Purple Heart and the Bronze Star Medal he received do not appear on his discharge document.

	b.  He believes this error to be an administrative oversight.  He was given the Bronze Star Medal in 2011 while attending the Congressional Gold Medal Award Ceremony in Washington, DC with other members of the 442nd Regimental Combat Team and another unit.

3.  He provides his 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 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, 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 WD AGO Form 53-55 shows he was inducted into the Army of the United States on 1 April 1944 and he entered active service on 22 April 1944.  He was honorably discharged on 25 July 1946.  His WD AGO Form 53-55 also shows in:

	a.  item 6 (Organization) he was assigned to 442nd Infantry Regiment;

	b.  item 31 (Military Qualification and Date (i.e., infantry, aviation, and marksmanship badges, etc.)) he was awarded the Combat Infantryman Badge and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1);

   c.  item 32 (Battles and Campaigns) entries for the Northern Appennines, Po Valley, and Rhineland campaigns;

	d.  item 33 (Decorations and Citations) he was awarded the Distinguished Unit Badge, European-African-MiddleEastern Campaign Medal, Army Good Conduct Medal, World War II Victory Medal, and Army of Occupation Medal; 

	e.  item 34 (Wounds Received in Action) the entry "None"; and

	f.  item 36 (Service Outside Continental United States and Return) he arrived in the European-African-Middle Eastern Theater of Operations on 9 November 1944 and departed on 22 June 1946.

4.  Permanent Order 235-12, dated 23 August 2011, published by the U.S. Army Human Resources Command, shows he was awarded the Bronze Star Medal for meritorious achievement in active ground combat during the period 7 April 1944 to 1 May 1945.

5.  The available service record is void of evidence which indicates he sustained injuries as a result of hostile action.

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

7.  Army Regulation 600-8-22 authorizes a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that 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 contends he was wounded during World War II in Southern France and he was treated in the field by Company A medics.  However, the available records are void of evidence which indicates he sustained an injury as a result of hostile action.

2.  By regulation, in order to award the Purple Heart, it is necessary to establish that a Soldier was wounded in action, the wound required treatment by medical personnel, and the treatment must have been made a matter of official record.  

3.  There is no evidence which indicates he was wounded as a result of hostile action during World War II.  In addition, his WD AGO Form 53-55 does not reflect he received any wounds in action.

4.  Regrettably, in the absence of sufficient evidence of record which shows he was wounded or injured as a result of hostile action, there is an insufficient basis upon which to award him the Purple Heart.  

5.  Permanent orders show he was awarded the Bronze Star Medal in August 2011.  Therefore, his WD AGO Form 53-55 should be amended to reflect this award.

6.  His WD AGO Form 53-55 shows he received credit for participation in the Northern Apennines, Po Valley, and Rhineland campaigns.  Therefore, he is eligible for three bronze service stars for wear on his European-African-Middle Eastern Campaign Medal.  
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 the WD AGO Form 53-55 of the individual concerned be corrected by:

   a.  deleting the European-African-Middle Eastern Campaign Medal from item 33; and
   
   b.  adding award of the Bronze Star Medal and European-African-Middle Eastern Campaign Medal with three bronze service stars to item 33.

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 award of the 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)                                         AR20130014199



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ABCMR Record of Proceedings (cont)                                         AR20130014199



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