IN THE CASE OF:	  ROBERTS, HENRY A. (DECEASED)

		BOARD DATE:	  30 September 2014

		DOCKET NUMBER:  AR20140002706 


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 daughter 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 award of the Purple Heart.

2.  The applicant states her father was awarded the Purple Heart.

3.  The applicant provides:

* FSM's WD AGO Form 53-55
* orders for the Purple Heart
* photograph of the Purple Heart medal
* FSM's service medical records
* FSM's death certificate
* her birth certificate
* her marriage 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 complete military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the FSM's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 16 May 1944.  He served in the European theater of operations from 27 November 1944 to 29 June 1945.  He was honorably discharged on 6 May 1946.

4.  His WD AGO Form 53-55 shows his organization as Company B, 28th Infantry Regiment, 8th Infantry Division.  He was awarded or authorized the:

* World War II Victory Medal
* Army Good Conduct Medal
* one overseas service bar
* American Theater Ribbon (now known as the American Campaign Medal)
* European-African-Middle Eastern Campaign Medal with two bronze service stars
* Combat Infantryman Badge (effective 1 January 1945)

5.  Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 shows the entry "None."

6.  Headquarters, 8th Infantry Division, General Orders Number 223, dated 13 October 1945, show the FSM was awarded the Purple Heart for wounds received in action in Germany on 27 December 1944.

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows awards and citations authorized for units that served during World War II.  This pamphlet shows the 28th Infantry Regiment, 8th Infantry Division, was awarded occupation credit for Germany for the period 2 May-4 July 1945.

8.  Army Regulation 600-45 (Decorations), effective 13 October 1949, provided that the Bronze Star Medal was 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 the Combat Medical Badge was considered to be a citation in orders.  Therefore, the Bronze Star Medal was awarded to individuals who were authorized either badge for service during World War II.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the FSM was awarded the Purple Heart for wounds received in action in Germany on 27 December 1944.  Therefore, his WD AGO Form 53-55 should be corrected to show award of the Purple Heart and item 34 should be corrected to show he was wounded on 27 December 1944.

2.  Based on award of the Combat Infantryman Badge, the FSM is authorized award of 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.

3.  The FSM's unit was awarded occupation credit for Germany during his period of service in the European theater of operations.  Therefore, he is authorized award of the Army of Occupation Medal with Germany Clasp and his WD AGO 
Form 53-55 should be corrected to show this award.

BOARD VOTE:

____X___  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the FSM the Bronze Star Medal effective 1 January 1945 based on award of the Combat Infantryman Badge;

	b.  deleting the current entry in item 34 of the FSM's WD AGO Form 53-55 and replacing it with the entry "27 December 1944, Germany";

	c.  adding award of the Purple Heart, Bronze Star Medal, and Army of Occupation Medal with Germany Clasp to the FSM's WD AGO Form 53-55; and

	d.  issuing the medals 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)                                         AR20140002706



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ABCMR Record of Proceedings (cont)                                         AR20140002706



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