IN THE CASE OF:	  

		BOARD DATE:	  19 February 2014

		DOCKET NUMBER:  AR20130022289 


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 and correction of his record to show this award.

2.  He states he is requesting award of the Purple Heart for injuries resulting from an engagement with hostile German forces on 16 December 1944 in the Ardennes Forest, Belgium, while a member of Company E, 506th Parachute Infantry Regiment (PIR), 101st Airborne Division.  He states his WD AGO Form 100 (Separation Qualification Record) does not show the Purple Heart in item 23 (Remarks).  

3.  He provides:

* WD AGO Form 100
* letter from the Awards and Decorations Branch, U.S. Army Human Resources Command (HRC)
* letter of support from Gunnery Sergeant (Retired) JM
* pages from records of the Historical Records Section, War Department Records Branch, The Adjutant General's Office, War Department

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests expedited correction of the applicant's discharge document to show the Purple Heart.

2.  Counsel states the applicant engaged with German forces in Normandy and Ardennes, Belgium, during World War II.  The evidence provided clearly supports the award and the Awards and Decorations Branch, HRC, has recognized his Purple Heart.  The applicant is trying to enroll in the Department of Veterans Affairs Healthcare System (VAHCS), but without the Purple Heart he is ineligible based on his income.  His Purple Heart must be reflected on an official discharge document per VAHCS regulations.

3.  Counsel provides the application with attached documents as described above.

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 (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 he provides and documents contained in a reconstructed record at NPRC.

3.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) shows he enlisted in the Army of the United States on 19 August 1942, and he was honorably discharged on 9 December 1945.  The form further shows in:

* item 6 (Organization) – he was assigned to Company E, 506th PIR
* item 31 (Military Qualification and Date) – he was awarded the Combat Infantryman Badge (CIB) and Sharpshooter Marksmanship Qualification Badge with Rifle and Carbine Bars 
* item 32 (Battles and Campaigns) – he was credited with participation in the Normandy, Ardennes, Rhineland, and Central Europe campaigns
* item 33 (Decorations and Citations) – 
* Distinguished Unit Badge with one oak leaf cluster
* European-African-Middle Eastern (EAME) Campaign Medal
* Good Conduct Medal
* American Campaign Medal
* World War II Victory Medal

* item 34 (Wounds Received in Action) – "3 JAN 45 EUROPEAN"
* item 36 – he arrived in the European-African-Middle Eastern Theater of Operations (ETO) on 15 September 1943 and departed on 19 November 1945

4.  A War Department Form 372A (Final Payment - Work Sheet) for the period December 1945 shows he received parachute pay for the period 1 October to 19 December 1945.

5.  On 11 February 1986, the U.S. Army Reserve Personnel Center, St. Louis, MO, authorized issuance of several awards, including the Purple Heart and the Bronze Star Medal.  The DA Form 1577 (Authorization for Issuance of Awards) completed at that time shows the Bronze Star Medal was issued based on his award of the CIB.  The form does not show the basis for issuing the Purple Heart.

6.  The available records are void of evidence indicating orders were published awarding him the Purple Heart.  

7.  He provides his WD AGO Form 100, which makes no reference to the Purple Heart or wounds received in action.  The form shows he completed Parachute School in 1942.

8.  He provides pages from records of the Historical Records Section, War Department Records Branch, The Adjutant General's Office, War Department.  His name and service number appear on a list of enlisted men seriously and lightly wounded in action in the Ardennes.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists occupation credit for World War II units.  It shows the 506th PIR:

* received assault landing credit for Normandy (6-7 June 1944) and Nijmegen Arnhem (17 September 1944)
* was cited for award of the – 

* French Croix de Guerre (6 - 8 June 1944)
* Netherlands Orange Lanyard (17 September - 28 November 1944)
* Belgian Fourragere (6 June and 22 - 27 December 1944)

* received occupation credit for Germany during the period 1 April to 1 August 1945

10.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges, unit decorations, and similar devices awarded in recognition of accomplishments.  It 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.  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 CIB 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.

	c.  The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  A clasp is worn with this medal to denote the theater in which occupation service was performed.  The Army of Occupation Medal with Germany Clasp is awarded for qualifying service between 9 May 1945 and 5 May 1955 in the European Theater of Operations.  

	d.  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.

	e.  A bronze service star is worn on the appropriate service ribbon, to include the EAME Campaign Medal, for each credited campaign.  The bronze service star is also affixed to the Parachutist Badge to denote participation in a combat parachutist jump, retroactive to 7 December 1941.

	f.  The “arrowhead” will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The arrowhead is authorized for wear on the European-African-Middle Eastern Campaign Medal.  Only one arrowhead will be worn on any ribbon.

11.  In a 28 March 1983 letter, the U.S. Army Military Personnel Center published the policy regarding awards of the French Croix de Guerre to U.S. Army veterans who had served in World War I and World War II.  This guidance states there is no individual emblem presented to or worn by Army Soldiers who were in a unit cited by the French Government for the Croix de Guerre.  Thus, former members of any American units which appear in Department of the Army Pamphlet 672-1 are not authorized an individual device.  This is also true of the Belgian Citation in the Order of the Day and the Netherlands Military Order of William.  As a result, the only European foreign unit awards which a former Army service member may wear are the French Fourragere, the Belgian Fourragere, and the Netherlands Orange Lanyard.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 shows he was wounded in action in the ETO on 3 January 1945, and War Department records confirm that he was wounded in action.  This documentation is a sufficient basis upon which to award him the Purple Heart and correct his WD AGO Form 53-55 to show this award.  

2.  Based on his award of the CIB, he is entitled to award of the Bronze Star Medal and correction of his record to show this award.  

3.  While he was assigned to the 506th PIR, the unit twice received assault landing credit.  In the absence of evidence indicating otherwise, it is reasonable to presume the applicant participated in those assault landings.  His record also shows he participated in four campaigns.  Therefore, it would be appropriate to correct his record to show he is authorized the arrowhead and four bronze service stars for wear with his previously-awarded EAME Campaign Medal.

4.  He completed the Parachute School, received parachute pay, and the available evidence indicates he participated in two combat parachute jumps.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show the Parachutist Badge with two bronze service stars.

5.  He served with the 506th PIR during a period for which the unit received occupation credit for Germany.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show the Army of Occupation Medal with Germany Clasp.

6.  His unit was cited once for award of the French Croix de Guerre.  Although he would not have been authorized to wear a ribbon, fourragere, medal, or other device based on a one-time citation, an entry should be made on his WD AGO Form 53-55 to show this citation.

7.  His unit was cited for award of the Belgian Fourragere and Netherlands Orange Lanyard.  He is entitled to correction of his WD AGO Form 53-55 to show these unit awards.

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 wounds he received on 3 January 1945;

	b.  awarding him the Bronze Star Medal based on his award of the CIB; and

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

		(1) delete from item 33 "EUROPEAN AFRICAN MIDDLE EASTERN SERVICE MEDAL" 


		(2) add to item 33 – 

* Purple Heart
* Bronze Star Medal
* EAME Campaign Medal with arrowhead and four bronze service stars
* Army of Occupation Medal with Germany Clasp
* Parachutist Badge with two bronze service stars
* Belgian Fourragere
* Netherlands Orange Lanyard

		(3)  add to item 55 (Remarks), “FRENCH CROIX DE GUERRE – UNIT CITATION – NO EMBLEM AUTHORIZED."



      _______ _   _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)                                         AR20130022289





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ABCMR Record of Proceedings (cont)                                         AR20130022289



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