IN THE CASE OF:	  

		BOARD DATE:	  26 May 2014

		DOCKET NUMBER:  AR20130019224 


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 son of a deceased former service member (FSM), requests, in effect, correction of his father's records to show award of the Purple Heart and the American Campaign Medal (ACM).

2.  The applicant states his mother recently gave him a tack bar with the European-African-Middle Eastern (EAME) Campaign Medal with three bronze service stars, ACM, Army Good Conduct Medal, World War II Victory Medal Ribbon, and an old box with a Purple Heart on the front and a label, ribbon, and medal.

3.  The applicant provides the FSM's:

* WD AGO Form 100 (Separation Qualification Record)
* FSM's Certificate of Death
* Certified Copy of Birth Record
* DA Form 0-422 (Extract and Return of Document) 

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 ABCMR 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.  This case is being considered using a partially reconstructed file and the documents provided by the applicant.

3.  The FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) shows:

* he enlisted into the Army of the United States on 16 September 1943 and entered active duty on 6 December 1943
* he served in the European theater of operations from 19 November 1944 to 5 April 1946
* in item 31 (Military Qualification and Rate) – Medical Badge
* in item 33 (Decorations and Citations) – World War II Victory Ribbon, Army Good Conduct Medal, and EAME Campaign Medal with three bronze service stars
* the entry "None" in item 34 (Wounds Received in Action)
* 11 months and 6 days of continental service
* he was honorably discharged on 21 April 1946

4.  The FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) shows:

* on 10 October 1950, he was called to active duty 
* in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – Army of Occupation Medal (Japan)
* the entry "None" in item 29 (Wounds Received as a Result of Action with Enemy Forces)
* he was honorably released from active duty on 8 September 1951

5.  His available records do not show he was awarded the Purple Heart.


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

	a.  The Purple Heart is awarded for a wound sustained in action against an enemy or 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.

	b.  The ACM 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 1 year.

	c.  The Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

	d.  The National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not show and the applicant has not provided evidence that indicates the FSM received wounds as a result of hostile action during World War II that required treatment by medical personnel and that a record was made of that treatment.  As such, there is an insufficient evidentiary basis for awarding the FSM the Purple Heart.

2.  Based on the available evidence, it does not appear the FSM completed qualifying service in the American Theater authorizing him the ACM.

3.  Based on the FSM's award of the Medical Badge, he is entitled to award of the Bronze Star Medal based on policies enacted subsequent to his separation after World War II.  Therefore, it would be appropriate at this time to award him the Bronze Star Medal based on award of the Combat Medical Badge and to correct his record to show this award.

4.  Evidence shows the FSM served during a qualifying period for award of the NDSM.  As such, it would be appropriate to add the NDSM to his DD Form 214.

5.  In view of the foregoing, there is an insufficient basis for granting the applicant's request.

6.  The evidence shows the applicant's records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the applicant's records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined an administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that ARBA CMD administratively correct the records of the individual concerned by:

	a.  awarding him the Bronze Star Medal based on award of the Combat Medical Badge and


	b.  adding to his DD Form 214 the:

* Bronze Star Medal
* NDSM




      ___________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)                                         AR20130019224



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ABCMR Record of Proceedings (cont)                                         AR20130019224



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