IN THE CASE OF:	

		BOARD DATE:	  31 December 2013

		DOCKET NUMBER:  AR20130019400 


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.  He also requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show in:

* item 34 (Wounds Received in Action) – he received wounds in action
* item 36 (Service Outside Continental United States and Return) – the correct date of his arrival in the United States
* item 37 (Total Length of Service) – he had 13 months of foreign service

2.  He states he was wounded in the shoulder on 29 July 1944 in Italy.  He also states a company clerk entered incorrect information in his record.

3.  He provides:

* Department of Veterans Affairs (VA) Form 21-22a (Appointment of Individual as Claimant's Representative)
* Western Union telegram
* WD AGO Form 53-55
* newspaper clippings
* memorandum, subject:  Award of Bronze Star Medal
* statement from his daughter
* letter from an advanced practice nurse 



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 military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center, 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 he provides.

3.  His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 27 November 1940 and honorably discharged on 25 July 1945.  The form further shows in:

* item 6 (Organization) – he was assigned to Company A, 363rd Infantry Regiment
* item 31 (Military Qualification and Date) – he was awarded the Combat Infantryman Badge effective 15 October 1944
* item 32 (Battles and Campaigns) – he was credited with participation in the North Appenines, Po Valley, and Rome-Arno campaigns
* item 33 (Decorations and Citations) – 

* American Defense Service Medal
* Bronze Star Medal (announced in Headquarters, 91st Infantry Division, General Orders Number 17, dated 14 March 1945)
* "European-African-Middle Eastern (EAME) Service [sic] Medal"
* Good Conduct Medal

* item 34 (Wounds Received in Action) – None
* item 36 – he arrived in the European Theater of Operations (ETO) on 4 May 1944, departed the ETO on 11 July 1945, and arrived in the United States on "19 July 1944 [sic]"
* item 37 – he had 4 years, 5 months, and 4 days of continental service and 2 months and 25 days of foreign service

4.  He provides, in part:

	a.  a Western Union Telegram informing his mother he was slightly wounded in action in Italy on 29 July (year not shown but presumably 1944) and

	b.  a memorandum, subject:  Award of Bronze Star Medal, dated 14 March 1945, from the Commander, 91st Infantry Division, informing him he had been awarded the Bronze Star Medal for heroic achievement in action on 15 September 1944.  

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

	a.  Paragraph 2-8 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.

	b.  Paragraph 3-14 states 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 is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized this badge for service during World War II.

	c.  Paragraph 5-15 states 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 service within the continental United States for an aggregate period of one year.

	d.  Paragraph 6-5 states the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  

	e.  Paragraph 6-8 states a bronze service star is worn on the appropriate service ribbon, to include the EAME Campaign Medal, for each credited campaign.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists campaign credits for World War II units.  This pamphlet shows the 363rd Infantry Regiment was cited for award of the Distinguished Unit Citation (now called the Presidential Unit Citation) for the period 12 to 19 September 1944 in War Department General Orders Number 6, dated 1947.

7.  Technical Manual 12-235 (Enlisted Personnel – Discharge Procedures and Preparation of Separation Forms), in effect at the time, provided instructions for completing the WD AGO Form 53-55.  It states for item 34, enter the date wounded and theater.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was wounded in the shoulder on 29 July 1944 in Italy.  He provides a Western Union telegram verifying he was wounded in action on that date.  Based on this evidence, it would be appropriate to award him the Purple Heart and add entries to his WD AGO Form 53-55 documenting the award and the date and location he was wounded.  

2.  He was awarded the Bronze Star Medal for heroic achievement, which entitles him to wear a "V" Device with this medal.  He was also awarded the Combat Infantryman Badge, which entitles him to an additional award of the Bronze Star Medal.  Therefore, it would be appropriate to award him the Bronze Star Medal (2nd Award) and correct his WD AGO Form 53-55 to show the Bronze Star Medal (2nd Award) with "V" Device.  

3.  He completed a period of service qualifying for award of the American Campaign Medal.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this award.

4.  He was awarded the EAME Campaign Medal and he was credited with service in three campaigns.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show three bronze service stars for wear with the previously-awarded EAME Campaign Medal.  

5.  He served with the 363rd Infantry Regiment during a period for which the unit was cited for award of the Presidential Unit Citation.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this unit award.  
6.  There is an obvious error in the entry documenting his arrival in the United States in item 36 of his WD AGO Form 53-55.  Clearly, he did not leave the ETO in July 1945 and arrive in the United States in July 1944.  It would be appropriate to correct his WD AGO Form 53-55 to show he arrived in the United States on 19 July 1945.  

7.  It appears the erroneous entry of his date of arrival in the United States was used to calculate the continental and foreign service shown in item 37 of his WD AGO Form 53-55.  It would be appropriate to correct these entries using the periods shown below.

	a.  Based on the correct date of arrival in the United States, his periods of continental service were 27 November 1940 to 25 April 1944 (3 years, 4 months, and 30 days) and 19 to 25 July 1945 (7 days).  Therefore, he had 3 years, 5 months, and 7 days of total continental service.  

	b.  His period of foreign service was 26 April 1944 to 18 July 1945, which equates to 1 year, 2 months, and 23 days of total foreign service.  

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

	a.  awarding him the Purple Heart for the wound he received on 29 July 1944;

	b.  awarding him the Bronze Star Medal (2nd Award) based on his award of the Combat Infantryman Badge; and

	c.  amending his WD AGO Form 53-55 in – 

		(1) item 33 by deleting the Bronze Star Medal and EAME Service Medal and adding the – 

* Bronze Star Medal (2nd Award) with "V" Device
* Purple Heart
* EAME Campaign Medal with three bronze service stars
* American Campaign Medal
* Presidential Unit Citation

		(2) item 34 by replacing "None" with "29 July 1944, European Theater of Operations";

		(3) item 36 by replacing the entry for his date of arrival in the United States with "19 Jul 45"; and

		(4) item 37 by – 

* replacing the entry for continental service with "3  5  7"
* replacing the entry for foreign service with "1  2  23"



      ____________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)                                         AR20130019400





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ABCMR Record of Proceedings (cont)                                         AR20130019400



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