IN THE CASE OF:	  

		BOARD DATE:	  31 July 2014

		DOCKET NUMBER:  AR20130021269 


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 correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) to show:

* Purple Heart
* Combat Badge (interpreted to mean Combat Infantryman Badge)
* World War II Victory Medal
* American Defense Service Medal
* Bronze Star Medal
* Army Good Conduct Medal
* Paratrooper Wings (correctly known as the Parachutist Badge)

2.  He also requests to be issued the medals.  

3.  The applicant states the FSM's military record shows he served with the 515th Parachute Infantry Regiment (PIR) and that he was wounded in combat while serving with B Company, 17th Armored Infantry Battalion.  

4.  The applicant provides:

* WD AGO Form 53-55
* Certificate of Disability for Discharge
* Headquarters, 515th PIR Certificate of the Regimental Surgeon
* certification of birth
* death certificate
* copy of his driver's license

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 National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  This case is being considered based on the documents provided by the applicant.  

3.  The FSM's WD AGO Form 53-55 shows:

	a.  He was inducted into the Army on 20 November 1943 and he entered active service on 29 November 1943.

	b.  His arm of service was infantry and his military occupational specialty (MOS) was 7745 (Rifleman).

	c.  He was assigned to Company B, 17th Armored Infantry Battalion.

	d.  He served 1 year, 5 months, and 29 days of continental United States service and 4 months and 28 days of foreign service. 

	e.  He served in the European theater of operations from 31 January 1945 to 6 June 1945.

	f.  He participated in the Rhineland campaign.

	g.  He was awarded or authorized the "European-African-Middle Eastern (EAME) Theater" (correctly known as the EAME Campaign Medal).

	h.  He was wounded in action on 2 April 1945 in the European theater.

	i.  He was honorably discharged on 16 October 1945.

4.  There is no evidence in the FSM's available records indicating he was awarded the Parachutist Badge or that he completed airborne training.  

5.  The applicant provides a Certificate of Disability for Discharge that shows the FSM was wounded in action by enemy shrapnel on 1 April 1945 in Germany.  He also provides a certificate from the 515th PIR Regimental Surgeon that shows he underwent a physical examination on 15 November 1944.  This document does not show the FSM was assigned to the 515th PIR.  

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

	a.  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.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  

	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 Combat Medical Badge is considered to be a citation in orders for the Bronze Star Medal.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

	d.  A bronze service star is authorized for wear on the EAME Campaign Medal for each campaign a member is credited with participating in.

	e.  The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.
	f.  The American Defense Service Medal 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.

	g.  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.

	h.  Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

7.  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, completed 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 recommended for or received an Army Good Conduct Medal or clasp would be noted under "remarks" of the discharge certificate.

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) contains a register of unit citations and campaign participation credit for World War II.  This pamphlet shows the 17th Armored Infantry Battalion was credited with participation in the Central Europe campaign (22 March to 11 May 1945).  

DISCUSSION AND CONCLUSIONS:

1.  The FSM's WD AGO Form 53-55 shows he was wounded in action on 2 April 1945.  Therefore, he should be awarded the Purple Heart and his WD AGO Form 53-55 should be corrected to show this award.

2.  The FSM held an infantry MOS, served with an infantry battalion during World War II, and he was wounded in action while serving with the infantry battalion.  Therefore, he met the criteria for the Combat Infantryman Badge.  This badge should be added to his WD AGO Form 53-55.  

3.  Based on award of the Combat Infantryman Badge, the FSM is authorized the Bronze Star Medal.  Therefore, he should be awarded the Bronze Star Medal and his WD AGO Form 53-55 should be corrected to show this award.

4.  The FSM served a period of qualifying service for award of the World War II Victory Medal.  Additionally, he served over one year of continental service during the period December 1941 and March 1946.  Therefore, he is also authorized the American Campaign Medal and correction of his WD AGO Form 53-55 to show these awards.  

5.  The FSM was awarded the EAME Campaign Medal; however, his WD AGO Form 53-55 shows he participated in the Rhineland campaign.  Additionally Department of the Army Pamphlet 672-1 shows his unit was also credited with participation in the Central Europe campaign during his period of assignment to this unit.  Therefore, he is authorized two bronze service stars for wear on the EAME Campaign Medal and correction of his WD AGO Form 53-55 to reflect these bronze service stars.

6.  Based on the fact that the FSM's military records are not available, his character and/or efficiency ratings cannot be determined.  Regrettably, there is insufficient evidence on which to base awarding him the Army Good Conduct Medal.  

7.  The FSM did not served on active duty during the period 8 September 1939 and 7 December 1941.  Therefore, he is not authorized the American Defense Service Medal.

8.  There is no evidence in the FSM's available records indicating he was awarded the Parachutist Badge or that he completed airborne training.  Therefore, there is no basis to correct his record to show award of the Parachutist Badge.  

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.  deleting from item 33 (Decorations and Awards) of his WD AGO Form 53-55 the entry "European African Middle Eastern Theater Others not available";

	b.  awarding him the Purple Heart for wounds sustained on 2 April 1945;

	c.  awarding him the Combat Infantryman Badge for actions on 2 April 1945;

	d.  awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge; and 

	e.  adding to his WD AGO Form 53-55 the following awards:

* Purple Heart
* Bronze Star Medal 
* Combat Infantryman Badge
* World War II Victory Medal
* American Campaign Medal
* European-African-Middle Eastern Campaign Medal with two bronze service stars

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 Army Good Conduct Medal, American Defense Service Medal, and the Parachutist Badge.




      ___________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)                                         AR20130021269



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130021269



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1