RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 January 2004    
	DOCKET NUMBER:   AR2003088712

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Mr. Walter T. Morrison		Member	
	Ms. Karen Y. Fletcher		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart.

2.  The applicant states that item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows that he was wounded in action on 11 August 1944 in Northern France.  

3.  The applicant provides a copy of his WD AGO Form 53-55.  

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 
12 November 1945.  The application submitted in this case is dated 31 January 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s 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 applicant’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.  

4.  The reconstructed records show the applicant enlisted on 14 December 1942. He served as a rifleman in the European Theater of Operations from 27 June 1944 through 22 April 1945 and was honorably discharged on 12 November 1945. 

5.  The applicant's WD AGO Form 53-55 shows the Good Conduct Medal, the Distinguished Unit Citation, the Combat Infantryman Badge, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with one bronze service star, and the World War II Victory Medal as authorized awards.  

6.  Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows he was wounded on 11 August 1944 in Northern France.

7.  The Office of the Surgeon General Hospital List shows the applicant was hospitalized in August 1944 for a penetrating wound to his thigh from an artillery shell.  It also states that it was a non-battle injury occurring while on an obstacle course (conditioning course, infiltration course, etc.)  

8.  Item 32 (Battles and Campaigns) on his WD AGO Form 53-55 shows that he participated in four battles and campaigns during World War II.

9.  Army Regulation 600-8-22 (Military Awards) provides, 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, and the medical treatment must have been made a matter of official record.

10.  Army Regulation 600-8-22 also provides, in pertinent part, that 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.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

11.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant's WD AGO Form 53-55 shows he was wounded in action on 11 August 1944 and the Office of the Surgeon General Hospital List shows a non-battle injury occurring while on an obstacle course in August 1944, there is reasonable doubt the applicant was on an obstacle course in Northern France in August 1944.  All reasonable doubt should be resolved in favor of the applicant.  Therefore, the applicant is entitled to award of the Purple Heart and correction of item 33 (Decorations and Citations) on his WD AGO Form 53-55 to show this award.  

2.  The applicant received the Combat Infantryman Badge during World War II which entitles him to award of the Bronze Star Medal.   

3.  The applicant participated in four battles and campaigns during World War II which entitles him to award of the European-African-Middle Eastern Campaign Medal with four bronze service stars.

BOARD VOTE:

RVO____  WTM____  KYF_____  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

a.  by awarding him the Purple Heart for wounds received in action on 
11 August 1944; and

b.  by amending item 33 on his WD AGO Form 53-55 to show award of the Purple Heart, the Bronze Star Medal (based on award of the Combat Infantryman Badge), and the European-African-Middle Eastern Campaign Medal with four bronze service stars.

		___Raymond V. O'Connor
		        CHAIRPERSON

INDEX

CASE ID	AR2003088712	
SUFFIX		
RECON		
DATE BOARDED	20040129	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0000	
3.		
4.		
5.		
6.