IN THE CASE OF: 

		BOARD DATE:	    12 August 2014

		DOCKET NUMBER:  AR20130019285 


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:

* Bronze Star Medal (BSM) based on the Combat Infantryman Badge (CIB)
* American Defense Service Medal (ADSM)
* four bronze service stars for wear on the European-African-Middle Eastern Campaign Medal 

2.  The applicant states the decorations were earned but not awarded.

3.  The applicant provides copies of his War Department (WD) Adjutant General's Office (AGO) Form 53-55 (Enlisted Record and Report of Separation) and WD AGO Form 100 (Army Separation/Qualification Record).

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests award of the:

* BSM based on the CIB
* Purple Heart
* ADSM
* Presidential Unit Citation
* an additional bronze service star for participation in the Central Europe campaign

2.  Counsel states the applicant sustained a traumatic amputation of a finger in France during his service in World War II (WWII), when a hospital he was visiting for supplies sustained a direct hit.  A surgeon performed ground-breaking surgery by reattaching the finger.  The applicant was returned to his unit but could not fire his weapon because his hand was heavily bandaged. 

3.  Counsel provides copies of his correspondence with members of congress.

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 for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  His records were apparently completely lost in that fire.  However, sufficient documents are available to conduct a fair and impartial review of this case.

3.  On 20 April 1943, the applicant was inducted into the Army of the United States.  On 27 April 1943, he entered active duty.  He departed the United States for the European Theater of Operations (ETO) on 27 August 1944 and arrived in Europe on 7 September 1944.  He left Europe on 25 April 1945 and arrived back in the United States on 11 May 1945.  He was honorably discharged on              26 October 1945 on a Certificate of Disability for Discharge.

4.  His WD AGO Form 53-55 shows at: 

* item 6 (Organization), he was assigned to Headquarters Company, 414th Infantry, 104th Division
* item 31 (Military Qualifications), the entry "Combat Infantryman," meaning he was awarded the CIB
* item 32 (Battles and Campaigns), he participated in the Normandy, Northern France, Ardennes-Alsace, and Rhineland campaigns
* item 33 (Decorations and Citations), he was awarded or authorized the Army Good Conduct Medal and the European-African-Middle Eastern Campaign Medal (shown as the European-African-Middle Eastern Service Medal)

5.  The Office of the Surgeon General files (a health record research project that is commonly referred to as the SGO files), involved transposing hospital admission card data from the periods of WWII and the Korean Conflict onto magnetic tape.  In 1988, the National Research Council made these tape files available to the National Personnel Records Center (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.   

6.  The SGO files show the applicant was hospitalized on 18 January 1945 and that he suffered from a non-battle penetrating or stab type wound and hepatitis.  These files show he remained hospitalized for the remainder of his service in the ETO.

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

	a.  The BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM 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 CIB the Combat Medical Badge is considered to be a citation in orders; therefore, the BSM is to be awarded to individuals who were authorized either badge for service during WWII.

	b.  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.

	c.  The American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

	d.  The WWII Victory Medal is awarded for service between 7 December 1941 and 31 December 1946. 

	e.  The ADSM is awarded for service between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

	f.  The European-African-Middle Eastern Campaign Medal is awarded for service within theater between 7 December 1941 and 8 November 1945.  A bronze service star was awarded for each campaign a service member was credited with participating in.

8.  Army Pamphlet 672-1 (Unit Citation and Campaign Credit Participation Credit Register) shows that the 414th Infantry Regiment was awarded the Meritorious Unit Commendation for the period 7 September 1944 through 15 February 1945; however, it does not show the regiment was awarded the Presidential Unit Citation.  Additionally, the 414th Infantry Regiment was credited with participating in the Central Europe Campaign from 22 March to 11 May 1945.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant and counsel state the applicant is entitled to award of the BSM (based upon his previous award of the CIB), the Purple Heart, the American Defense Service Medal, the Presidential Unit Citation, and a bronze service star for participation in the Central Europe campaign.

2.  The applicant was awarded the CIB and is entitled to the BSM.

3.  The applicant served a qualifying period for award of the American Campaign Medal and the WWII Victory Medal; therefore, he is entitled to these awards.

4.  The evidence of record does not show the 414th Infantry Regiment was awarded the Presidential Unit Citation; however, it does show the regiment was awarded the Meritorious Unit Commendation for a period of time that included the applicant's service.  Consequently, the applicant is authorized the Meritorious Unit Commendation.

5.  The evidence of record confirms the applicant was treated in January 1945 for a wound involving his fingers and/or hand.  Unfortunately, the evidence of record does not correlate his wound to enemy action.  Absent such evidence, there is an insufficient basis on which to grant him the Purple Heart.

6.  The period of eligibility for the American Defense Service Medal ended in 1941, before the applicant was inducted; therefore, he is not entitled to award of the American Defense Service Medal.  

7.  The evidence of record shows the 414th Infantry Regiment was credited with participating in the Central Europe Campaign; however, the participation period occurred after the date on which the applicant was hospitalized.  Therefore, the applicant is not entitled to an additional bronze service star to show he participated in the Central Europe Campaign.

8.  In view of the foregoing findings and conclusions, it would be appropriate to rectify the noted injustices by correcting the applicant’s records as recommended below.

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 Bronze Star Medal based upon award of the Combat Infantryman Badge and

b. amending his WD AGO Form 53-55 to add to item 33 the:

* Bronze Star Medal
* American Campaign Medal
* World War II Victory Medal
* Meritorious Unit Commendation
* four bronze service stars for wear on his previously-awarded European-African-Middle Eastern Campaign Medal

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 awarding him the:

* Purple Heart
* American Defense Service Medal
* Presidential Unit Citation
* a bronze star for participation in the Central Europe campaign  



      ___________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)                                         AR20130019285





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ABCMR Record of Proceedings (cont)                                         AR20130019285



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