BOARD DATE:	  30 April 2015

		DOCKET NUMBER:  AR20140016069 


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 correction of the WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) of her father, a former service member (FSM), to show award of the Purple Heart. 

2.  The applicant states the FSM was wounded by enemy fire during his service in World War II, but was never awarded the Purple Heart.  She states the FSM's sustained a concussion and shrapnel wounds during the breakthrough along the Our River at a time when records were apparently incomplete and the Purple Heart was not awarded.  Due to the FSM's avoidance behavior from what is now known as post-traumatic stress disorder, he was not able to request the medal that he earned.

3.  The applicant provides the FSM's:

* WD AGO Form 53-55
* Certificate of Military Service
* Department of Veterans Affairs (VA) letter, dated 6 April 2014
* Congressional correspondence 

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 ABCMR 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.  This case is being considered using the documents provided by the applicant.

3.  Records available to the Board show the FSM was inducted into the Army of the United States on 7 October 1943 and entered active duty on 28 October 1943.  He served in the European African Middle Eastern Theater of Operations from 30 September 1944 to 27 July 1945 and he was honorably discharged on 
4 February 1946.

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

* Item 31 (Military Qualification and Date) – Combat Infantryman Badge
* Item 33 (Decorations and Citations) – no entries for the Purple Heart or Bronze Star Medal
* Item 34 (Wounds Received in Action) – None

5.  There is no evidence in the available records which shows the FSM sustained wounds or was treated for wounds incurred as a result of hostile action.  

6.  A VA letter, dated 6 April 2014, shows the FSM received a 70 percent combined disability rating for service-connected disabilities.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

   a.  The regulation states, in pertinent part, that 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 a medical officer, 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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

DISCUSSION AND CONCLUSIONS:

1.  There are no medical records available which show the FSM was wounded or treated for wounds as a result of hostile action during his service in World War II. Regrettably, in the absence of medical records supporting the applicant's contention, there is insufficient evidence to correct the FSM's records to show award of the Purple Heart in this case.  The applicant is encouraged to submit any such records, to include VA medical records, with a request for reconsideration.  

2.  The evidence of record shows the FSM was awarded the Combat Infantryman Badge.  Therefore, he is entitled to correction of his records to show the Bronze Star Medal.

3.  The evidence shows that the applicant's records contain administrative error which does not require action by the Board.  Therefore, 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 2 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 determined that administrative error in the records of the FSM should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned to show the Bronze Star Medal based on award of the Combat Infantryman Badge 



      _________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)                                         AR20140016069





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ABCMR Record of Proceedings (cont)                                         AR20140016069



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