IN THE CASE OF:  	  

		BOARD DATE:  12 March 2015	  

		DOCKET NUMBER:  AR20140013513 


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, in effect, that her father be awarded a second Purple Heart and to have it reflected on his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).  She also requests to receive the actual medals for all awards and decorations earned by the FSM.

2.  The applicant states, in effect, her father was wounded twice in 1944 while fighting in France.  While one Purple Heart is shown on his WD AGO 
Form 53-55, the second is not.  She also states the FSM had only the ribbons for his awards and never received the medals.

3.  The applicant provides:

* self-authored statement
* WD AGO Form 53-55
* Honorable Discharge Certificate
* National Archives and Records Administration (NA) Form 13038 (Certification of Military Service)
* certificate of death
* Form Foreign Service (FS) 240 (Report of Birth Abroad of a Citizen of the United States)
* photocopy of ribbons
* memorial certificate signed by the President of the United States
* Certificate of Appreciation
* letter from the National Personnel Records Center (NPRC)
* letter from the Army Review Boards Agency

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 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 remaining in a reconstructed record to conduct a fair and impartial review of this case.

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

	a.  He was inducted into the Army of the United States on 4 March 1943 and served in the European Theater from 7 July 1944 to 7 December 1944.

	b.  Item 6 (Organization) shows his unit as Company E, 317th Infantry Regiment.

	c.  Item 31 (Military Qualifications and Date) shows the award of the Combat Infantryman Badge.

	d.  Item 32 (Battles and Campaigns) shows "None."

	e.  Item 34 (Wounds Received in Battle) shows “France 15 Sept 1944.”

	f.  At the time of his separation, he held the rank of sergeant.

	g.  He was separated on 7 September 1945.

	h.  Item 33 (Decorations and Citations) shows the Purple Heart and European-African-Middle Eastern Campaign Medal.
4.  The FSM's records are void of any information showing he was wounded a second time while serving in France in September 1944.

5.   Army Regulation 600-8-22 (Military Awards) provides:

	a.  The Purple Heart is awarded for a wound sustained 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 Combat Infantryman Badge or the 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.

	c.  A bronze service star is authorized to be worn on the European-African-Middle Eastern Campaign Medal for each campaign in which a Soldier participated.  Campaigns are listed in Appendix B.

	d.  The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II.  This publication shows that the 317th Infantry Regiment, during the time of the applicant's assignment, was cited in general orders for award of the Presidential Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The criteria for an award of the PH requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  There is no evidence in the FSM's record that shows he was wounded or injured a second time as a result of hostile action or treated for such wounds.  Regrettably, absent evidence which conclusively shows he sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is insufficient basis for awarding the Purple Heart (2nd Award) to the FSM in this case.

3.  The evidence shows that the FSM’s records contain administrative errors which do not require action by the Board.  

	a.  The FSM was awarded the Combat Infantryman Badge and should be entitled to the award of the Bronze Star Medal based on the award of this Combat Infantryman Badge.

	b.  His records show he was awarded the European-African-Middle Eastern Campaign Medal.  Furthermore, his records show he served in the European Theater and was wounded in France.  Therefore, it is a safe assumption he qualifies for at least one campaign and is therefore entitled to one bronze service star to be affixed to his European-African-Middle Eastern Campaign Medal.

	c.  The FSM has qualifying service to receive the World War II Victory Medal and it should be added to his WD AGO 53-55.

	d.  The FSM was serving in the 317th Infantry Regiment when it was awarded the Presidential Unit Citation.  His WD AGO 53-55 should be amended to show this award.

	e.  Based upon the foregoing, administrative correction of the applicant’s records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by her father in service to our Nation.  The applicant and all Americans should be justifiably proud of her father's service in arms.

3.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the former service member concerned by:

	a.  Awarding him the Bronze Star Medal based upon award of the Combat Infantryman Badge for service in World War II from 1 July 1944 to 
20 December 1944.

	b.  Adding to item 33 of the FSM's WD AGO Form 53-55:

* Bronze Star Medal
* one bronze service star to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal
* World War II Victory Medal
* Presidential Unit Citation

	c.  Issuing the following medals:

* Bronze Star Medal
* Purple Heart
* European-African-Middle Eastern Campaign Medal with one bronze service star
* World War II Victory Medal
* Presidential Unit Citation


      _______ _   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)                                         AR20140013513





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ABCMR Record of Proceedings (cont)                                         AR20140013513



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