IN THE CASE OF:
BOARD DATE: 30 April 2014
DOCKET NUMBER: AR20130015862
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, as the daughter of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Purple Heart.
2. The applicant states after World War II ended, she believes the Army was processing so many discharges that somehow the Purple Heart may have been accidently overlooked.
3. The applicant provides the FSM's WD AGO Form 53-55, two data cards from the National Jewish Welfare Board, Bureau of War Records, a letter from the Department of Veterans Affairs, two death certificates, a court document, and a marriage certificate.
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 in 1973. It is believed that the FSM'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 FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 23 January 1943 and he entered active service on 30 January 1943. He was honorably discharged on 12 December 1945.
4. His WD AGO Form 53-55 does not show award of the Purple Heart.
a. item 32 (Battles and Campaigns) shows entries for the Northern France, Rhineland, Ardennes, and Central Europe campaigns;
b. item 33 (Decorations and Citations) shows he was awarded the Army Good Conduct Medal, European-African-Middle Eastern Theater Ribbon, and World War II Victory Medal;
c. item 34 (Wounds Received in Action) shows the entry "None"; and
d. item 36 (Service Outside Continental United States and Return) shows he arrived in the European-African-Middle Eastern Theater of Operations on 7 June 1943 and departed on 27 November 1945.
5. The applicant provided two data cards from the National Jewish Welfare Board which show the entries "Wounded" indicating he was wounded in action and "P.H.," indicating he was awarded the Purple Heart.
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. The Bureau of War Records collection includes studies and listings of Jewish casualties, awards, and officers, as well as studies of Jewish doctors, dentists, and refugees in service.
8. 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 provided data cards from the National Jewish Welfare Board which indicate the FSM was wounded in action and awarded the Purple Heart. These documents are accepted as sufficient evidence to add award of the Purple Heart to the FSM's WD AGO Form 53-55. In addition, item 34 of his WD AGO Form 53-55 should be amended to reflect he was wounded in action on an unknown date.
2. His WD AGO Form 53-55 shows he received credit for participation in the Northern France, Rhineland, Ardennes, and Central Europe campaigns. Therefore, he is eligible for four bronze service stars for wear on 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 that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that the WD AGO Form 53-55 of the individual concerned be corrected by:
a. amending item 32 by adding the entry "Wounded in Action, date unknown";
b. deleting the European-African-Middle Eastern Theater Ribbon from item 33;
c. adding award of the Purple Heart and European-African-Middle Eastern Campaign Medal with four bronze service stars to item 33.
_______ _ 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) AR20130015862
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ABCMR Record of Proceedings (cont) AR20130015862
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