IN THE CASE OF:	  

		BOARD DATE:	  11 December 2014

		DOCKET NUMBER:  AR20140007535 


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 the records of his deceased father, a former service member (FSM), be corrected to show the Purple Heart (PH).

2.  The applicant states the FSM sustained a concussion injury while serving in combat in France in December 1944.

3.  The applicant provides:

* Death Certificate
* Amended Birth Certificate
* Certificate of Live Birth
* WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) and Honorable Discharge Certificate issued on     25 March 1946
* Department of Veterans Affairs Letter
* FSM's Letter
* Self-Authored Statement
* untitled document

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 (NPRC) in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using the NPRC reconstructed record.

3.  The FSM's reconstructed NPRC file shows he was inducted into the Army of the United States on 22 January 1944.  He entered active duty on 13 February 1944 and was trained in and awarded military occupational specialty 544 (Guard Patrolman).

4.  His WD AGO Form 53-55 shows he was assigned with the 98th Ordnance Heavy Maintenance Company and that he served in the European Theater of Operations (ETO) from 28 July 1944 to 6 December 1945.  Item 32 (Battles and Campaigns) shows he participated in the Rhineland and Central Europe campaigns.

5.  His reconstructed record includes the following documents:

	a.  WD AGO Form 8-24, Date of Disposition 15 January 1946, which shows the FSM was admitted to the Regional Hospital, Fort Knox, Kentucky, on 30 December 1945 for an undiagnosed condition.  It shows he was "under observation for Post concussion syndrome, incurred December 1944, when a shell exploded near him in France."

	b.  WD AGO Form 8-24, Date of Disposition 23 March 1946, which includes a statement that shows the FSM was diagnosed with "encephalopathy" (a disease of the brain), "post traumatic, resulting from injury sustained Dec 1944, France, when a shell exploded near patient during combat, manifested by headaches, mild."

	c.  WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement) which shows the FSM had a history of cerebral concussion due to shell explosion November 1944 which left him unconscious for three hours.  He was hospitalized at the 46th General Hospital in France for 1 month.

6.  On 25 March 1946, the FSM was honorably discharged from active duty having completed 2 years, 2 months, and 5 days of creditable active military service.  Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55 shows he earned the following awards:

* Army Good Conduct Medal
* European-African-Middle Eastern Campaign Medal with 2 bronze service stars
* World War II Victory Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar

7.  There are no documents in the reconstructed NPRC record that indicate the FSM was ever recommended for or awarded the PH by proper authority while serving on active duty.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

	a.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states the PH is awarded to any member who has been wounded or killed in action.  A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation.  In order to support awarding a member the PH, it is necessary to establish that the wound for which the award is being made required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action and must have been made a matter of official record.

	b.  Paragraph 3-13d(2) of the awards regulation states the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945.  This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders for award of the BSM.

	c.  Paragraph 5-13 of the awards regulation contains guidance on the European-African-Middle Eastern Campaign Medal.  It states that a bronze service star is authorized with this award for each campaign a member participated in while serving in the ETO.

9.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II.  This source confirms that during the FSM's tenure 
of assignment with the 98th Ordnance Heavy Maintenance Company, his unit received:

   a.  campaign credit for participating in the Ardennes-Alsace, Central Europe, Rhineland, and the Southern France campaigns;
   
   b.  the Meritorious Unit Commendation (MUC), cited in Headquarters, 7th U.S. Army General Orders Number 577, dated 4 October 1945, for the period 1 November 1944 through 1 May 1945; and
   
   c.  the Army of Occupation Medal with Germany (AOM) Clasp for the period 2 May through 27 December 1945.

DISCUSSION AND CONCLUSIONS:

1.  The evidence in this case confirms the FSM sustained a concussion when a shell exploded near him during combat in France sometime in December 1944, as shown in the medical documents in the FSM's reconstructed record.  This evidence also confirms he was hospitalized for 30 days following the explosion and he continued to receive medical treatment through 23 March 1946, only days before his discharge.  Accordingly, the regulatory criteria necessary for award of the PH has been satisfied in this case.  In addition, item 34 of his WD AGO Form 53-55 should be corrected to show he was wounded.

2.  The evidence also confirms the FSM received the CIB while serving in the ETO during World War II.  By regulation, members who received the CIB during World War II are authorized award of the BSM.  As a result, it would be appropriate to award him the BSM and add this award to his WD AGO Form 
53-55 at this time.

3.  Finally, based on the FSM's service and campaign participation in the ETO, he earned the AOM with Germany Clasp, MUC, and 4 bronze service stars with his already-awarded EAME Campaign Medal, instead of the 2 bronze service stars currently reflected with this medal.  Accordingly, items 32 and 33 of his WD AGO Form 53-55 should be corrected at this time to reflect these campaigns and 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.  posthumously awarding him the Purple Heart for wounds sustained in France in December 1944;

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

	c.  amending his WD AGO Form 53-55 by:

* item 32 – adding the Ardennes-Alsace and Southern France campaigns
* item 33 – deleting the European-African-Middle Eastern Campaign Medal with two bronze service stars and adding the following awards:

* Bronze Star Medal
* Purple Heart
* European-African-Middle Eastern Campaign Medal with 4 bronze service stars
* Meritorious Unit Commendation
* Army of Occupation Medal with Germany Clasp

* item 34 – adding the entry "France, December 1944"

   
d.  issuing the applicant a document to reflect the above corrections.




      _______ _   _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)                                         AR20140007535





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ABCMR Record of Proceedings (cont)                                         AR20140007535



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