IN THE CASE OF:  

		BOARD DATE: 23 September 2014 

		DOCKET NUMBER:  AR20140001884 


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 brother of a deceased former service member (FSM), requests correction of his brother's record to show his brother was awarded the Purple Heart and the Bronze Star Medal for his service during World War II (WWII).  

2.  The applicant states his brother earned the medals and he would like the medals sent to the family.
 
3.  The applicant provides:

* his birth certificate
* a copy of a newspaper article showing the FSM was killed in action (KIA) while serving in WWII
* WD AGO Form 52-1 (Report of Death)
* pages 20 and 21 of a listing from the "Louisville/Fort Knox Reunion" showing the FSM was KIA and had earned the Purple Heart and Bronze Star Medal 
* National Personnel Records Center (NPRC) letter, dated 31 July 2003
* three pages from the 10th Armored Division History and Combat Chronicle

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 Board for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed that the FSM's records were lost or destroyed in that fire.  However, there were sufficient documents available for the Board to conduct a fair and impartial review of this case.

3.  The applicant submitted the following documents:

	a.  A newspaper article, dated 14 November 1945, which shows the FSM was posthumously awarded the Bronze Star Medal after being KIA while serving with the 3d Tank Battalion in Germany.  The award was made for his heroic achievement in connection with military operations against the enemy at Neustadt, Germany, on 21 March 1945.  The article goes on to say "His parents have received the Bronze Star Medal and the Purple Heart.  He had been previously awarded the Good Conduct Medal and a bronze service star."

	b.  WD AGO Form 52-1, which shows the FSM was killed in action on           21 March 1945 in the European theater of operations.

	c.  Pages 20 and 21 of a listing from a Fort Knox Reunion, which show the FSM was KIA and had earned the Purple Heart and Bronze Star Medal. 

	d.  NPRC letter, dated 31 July 2003, which shows the FSM was authorized the Purple Heart, European-African-Middle Eastern Campaign Medal with one bronze service star, World War II Victory Medal, and Honorable Service Lapel Button WWII.

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

	a.  the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  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.  

	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 been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The FSM was KIA in WWII.  He is entitled to the Purple Heart.

2.  The available evidence, although not of record, shows the FSM was posthumously awarded the Bronze Star Medal for heroic achievement in connection with military operations against the enemy at Neustadt, Germany, on 21 March 1945 (the day he was killed).  Typically, heroic actions warranting recognition by award of the Bronze Star Medal are/were further recognized with the additional "V" Device for valor.

3.  A newspaper article stated the FSM had previously been awarded the Good Conduct Medal.  

4.  Although there is no evidence of orders that awarded him either the Bronze Star Medal with "V" Device or the Good Conduct Medal, perhaps as a result of burned records, any reasonable doubt concerning his eligibility for these awards should be resolved in his favor.



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 be corrected by:

	a.  creating an appropriate document to show the FSM was awarded the:

* Purple Heart
* Bronze Star Medal with "V" Device
* Army Good Conduct Medal
* European-African-Middle Eastern Campaign Medal with one bronze service star
* World War II Victory Medal
* Honorable Service Lapel Button WWII

	b.  Issuing the above awards to the applicant.



      _______________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)                                         AR20100010311



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ABCMR Record of Proceedings (cont)                                         AR20140001884



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