IN THE CASE OF:	  

		BOARD DATE:	  19 June 2014

		DOCKET NUMBER:  AR20130018545 


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 and correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show this award.

2.  The applicant states it had rained on 12 October 1944 in Germany and was starting to get dark when an enemy artillery shell landed next to him.  He hit the ground, but a piece of shrapnel hit him on his left side.  He had a bloody bruise which other Soldiers cleaned up and stopped the bleeding.  He did not go see the medics and doesn't know who turned the incident in to his command, but it appears on his WD AGO Form 53-55.

3.  The applicant provides his WD AGO Form 53-55 and Honorable Discharge 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 applicant's complete 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 the applicant's records were lost or destroyed in that fire.  However, the applicant provides his WD AGO Form 53-55 which is sufficient 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 8 June 1943 and he entered active duty on 23 June 1943.  He held military occupational specialty 345 (Driver) and was assigned to the 893d Tank Destroyer Battalion.

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 9 January 1944 and he arrived in the European theater of Operations (ETO) on 20 January 1944.  He departed the ETO on 24 November 1945 and he arrived back in CONUS on 5 December 1945.

5.  He was honorably discharged on 13 December 1945.  He completed 6 months and 24 days of continental service and 1 year, 10 months, and 27 days of foreign service.

6.  His WD AGO Form 53-55 shows in:

* item 32 (Battles and Campaigns) that he participated in the Normandy, Northern France, Ardennes, Rhineland, and Central Europe campaigns
* item 33 (Decorations and Citations) that he was awarded the European-African-Middle Eastern Campaign Medal, Army Good Conduct Medal, World War II Victory Medal, and Bronze Star Medal
* item 34 (Wounds Received in Action) that he was wounded in action in the European theater on 12 October 1944

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify 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.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; and concussion injuries caused as a result of enemy generated explosions.

	b.  The European-African-Middle Eastern Campaign Medal was awarded for service within the European African-Middle Eastern theater between 7 December 1941 and 8 November 1945.  A bronze service star is authorized with this award for each campaign a member is credited with participating in.  A silver service star will be worn in lieu of five bronze service stars.

	c.  For award of 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.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II.  This pamphlet shows the 893d Tank Destroyer Battalion, the unit he was assigned to during his service in the ETO, received occupation credit for Germany during the period 2 May to 30 September 1945.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant received an injury as the result of enemy action in the European theater on 12 October 1944 as annotated on his WD AGO Form 53-55.  Therefore, he is entitled to award of the Purple Heart and to correction of his WD AGO Form 53-55 to show this award.

2.  He participated in five campaigns during his service in World War II.  Therefore, he is entitled to one silver service star with his already-awarded European-African-Middle Eastern Campaign Medal and to correction of his WD AGO Form 53-55 accordingly.

3.  His unit received occupation credit for Germany during his period of assignment.  Therefore, he is entitled to correction of his WD AGO Form 53-55 accordingly.



BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* awarding him the Purple Heart for injuries received due to hostile action in the European theater on 12 October 1944 
* deleting award of the European-African-Middle Eastern Campaign Medal from item 33 of his WD AGO Form 53-55
* adding the following awards to item 33 of his WD AGO Form 53-55 –

* Purple Heart
* European-African-Middle Eastern Campaign Medal with one silver service star
* Army of Occupation Medal with Germany Clasp



      ______________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)                                         AR20130018545



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130018545



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1