IN THE CASE OF:	  

		BOARD DATE:	  12 November 2014

		DOCKET NUMBER:  AR20130018550 


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, the daughter of a deceased former service member (FSM), requests correction of the FSM's record to show the Purple Heart and any other medals or awards he earned.

2.  She states her father was shot during World War II, and the Purple Heart he earned and was awarded is not reflected in his record.  As a child, she actually saw the Purple Heart medal.  Her father served with the 443rd Troop Transport Company supporting the 137th Infantry Regiment, which was part of the 35th Infantry Division within the XII Corps.  He participated in the Normandy, Northern France, Rhineland/Lorraine, and Ardennes (Battle of the Bulge) campaigns.  There is a certificate of disability for discharge statement on his discharge record, and dates reflect a period of convalescence in theater before he was sent to Camp Butner, NC, for further treatment.  There were apparent scars on his back and elbows from direct fire.  

3.  She provides:

* the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge)
* the FSM's Certificate of Death
* e-mail correspondence
* a letter from the National Personnel Records Center (NPRC), St. Louis, MO
* NPRC Test Form 2012-01B (Order for Archival Record Reproduction Services)
* her Certificate of Live Birth

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 for review.  A fire destroyed approximately 18 million service members' records at the NPRC, St. Louis, MO, in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using the documents the applicant provides and information available in the Office of the Surgeon General files (commonly referred to as the SGO files).  

3.  The SGO files are the product of a health record research project that involved transposing hospital admission card data from the periods of World War II and the Korean Conflict onto magnetic tape.  In 1988, the National Research Council made these tape files available to the NPRC.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.  The best available estimation of the completeness of this project is that it captured at least 95 percent of all combat casualty hospital admissions.

4.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 3 July 1942 and entered active duty on 17 July 1942.  The form further shows in:

* item 6 (Organization) – 443rd Quartermaster Trucking Company 
* item 32 (Battles and Campaigns) – Normandy, Southern France, Rhineland, and Ardennes
* item 33 (Decorations and Awards) – European-African-Middle Eastern Campaign Medal with four bronze service stars, American Campaign Medal, and World War II Victory Medal
* item 34 (Wounds Received in Action) – "None"
* item 36 (Service Outside Continental U.S. and Return) – he served in the European Theater of Operations (ETO) from 12 March 1944 to 13 July 1945 
* item 40 (Reason and Authority for Separation) – Certificate of Disability for Discharge

5.  The SGO files show:

* he was admitted to a hospital in the ETO on 15 March 1945
* the type of case was "non-battle injury"  
* there were two diagnoses:

* compound fracture of the humerus (lower leg)
* perforating wounds to the deep muscles of the back

* the causative agent was "bullet, rifle"
* the circumstances were "injuries intentionally inflicted by another person (except military enemy or guard, sentry, [military police], etc.)"
* the final result was "ankylosis:  elbow joint, right"
* he was hospitalized for 244 total days of which 117 days were overseas

6.  On 14 November 1945, he was honorably discharged as a staff sergeant at Camp Butner Convalescent Hospital, NC.  

7.  The available records contain no evidence indicating orders were issued awarding him the Purple Heart.

8.  The applicant provides e-mail correspondence dated 30 August 2013 that includes a partially transcribed copy of a memorandum, subject:  Report After Action Against Enemy, dated 1 January 1945, from Headquarters, 137th Infantry Regiment, to The Adjutant General.  The transcribed portion of the memorandum describes the regiment's activities during the period 1 to 6 December 1944.  The 443rd Quartermaster Truck Company is mentioned, but there is no reference to the FSM.  

9.  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.

10.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, for completion of 1 year of continuous active Federal military service while the United States was at war.  The award would not be made to an enlisted man whose records, during the required period of service, disclosed a conviction by any court-martial, or to one whose character or efficiency was rated below “excellent.”  The fact that an enlisted man was entitled to an Army Good Conduct Medal or clasp would be noted under "remarks" of the discharge certificate.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists campaign credits for World War II units.  It shows that, during the period prior to the FSM's hospitalization, the 443d Quartermaster Truck Company (listed as the 443rd Quartermaster Troop Transport Company) was credited with participation in four campaigns:  Normandy, Northern France, Ardennes-Alsace, and Rhineland.

DISCUSSION AND CONCLUSIONS:

1.  The SGO files confirm that the FSM was wounded while serving in the ETO and that treatment of his wounds was made a matter of official record.  Unfortunately, the SGO files show he was treated for a non-battle injury.  

2.  The applicant's statement that she saw the FSM's Purple Heart is not in question; however, to correct his record to show the Purple Heart requires substantiating evidence confirming that he was wounded as a result of enemy action or evidence showing orders were issued for the award.  In the absence of such evidence, there is an insufficient basis upon which to correct his record to show the Purple Heart.  

3.  The FSM completed a period of active Federal service qualifying for award of the Army Good Conduct Medal.  Although there are limited records available, the fact that he was discharged as a staff sergeant would indicate that he was not convicted by court-martial and that his character and efficiency were "excellent."  It would be appropriate to award the FSM the Army Good Conduct Medal (1st Award) for the period 17 July 1942 to 16 July 1945 and to correct his WD AGO Form 53-55 to show this award.  

4.  The FSM's WD AGO Form 53-55 shows an error in the campaigns listed in item 32.  The entry "Southern France" should read "Northern France."  It would be appropriate to correct this entry.

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 all Department of the Army records of the individual concerned be corrected by: 

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 17 July 1942 to 16 July 1945 and 

	b.  amending his WD AGO Form 53-55 as follows – 

* delete "Southern France" from item 32
* add "Northern France" to item 32
* add "Army Good Conduct Medal (1st Award)" 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 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)                                         AR20130018550





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ABCMR Record of Proceedings (cont)                                         AR20130018550



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