BOARD DATE: 9 October 2012 DOCKET NUMBER: AR20120006877 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 his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Purple Heart (PH). 2. The applicant states he has a letter for his injuries and discharge papers from the hospital that show award of a PH. 3. The applicant provides: * Honorable Discharge Certificate * WD AGO Form 53-55 * Veterans Administration, Award of Disability Compensation or Pension * Release on Receipt, Number 9504, from the Headquarters Communications Zone, European Theater of Operations 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 applicant's complete military record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center, St. Louis, MO in 1973. It is believed most of his records were lost or destroyed in that fire. This case is being considered using the applicant’s WD AGO Form 53-55 and some supporting documents. 3. The applicant was inducted into the Army of the United States on 15 February 1943, and he entered active duty on 22 February 1943. The highest rank/pay grade he attained while serving on active duty was sergeant/E-5. 4. Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 does not show award of the PH, and item 34 (Wounds Received in Action) of this form shows "None." 5. The applicant’s WD Form AGO 53-55 shows he was awarded or authorized the following awards: * Army Good Conduct Medal (AGCM) * American Campaign Medal (ACM) * European African Middle Eastern Campaign Medal with four bronze stars * World War II Victory Medal * Combat Infantryman Badge (CIB) 6. On 30 November 1945, the applicant was honorably discharged from active duty with a certificate of disability. 7. The applicant’s record contains a Hospital Admission Card from the Surgeon General's Office, for the year 1945, which shows he was hospitalized on 6 January 1945 for injuries that he sustained as a result of hostile action during World War II (WWII). 8. The Release on Receipt, Number 9504 shows the applicant was released from 188th General Hospital, England and returned to duty after recovering from wounds he received at Wiltz, Luxembourg on 6 January 1945. 9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria and administrative instructions concerning individual and unit military awards. a. The PH is awarded to members wounded in action and states that in order to award the PH, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record. b. The Bronze Star Medal (BSM) is awarded to members of the Armed Forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy. A citation in orders for the CIB or Combat Medical Badge (CMB) awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat. It also provides for the wear of one bronze service star on the appropriate campaign or service medal for each credited campaign. DISCUSSION AND CONCLUSIONS: 1. The applicant's request to be awarded the PH has been carefully considered and found to have merit. 2. The available evidence confirms the applicant was wounded in action on 6 January 1945 during WWII. His wound was treated and the treatment was made a matter of official record. Therefore, it would be appropriate to award the applicant the PH and add this award to his WD AGO Form 53-55. 3. Based on the applicant's award of the CIB, he is also entitled to award of the BSM and correction of his WD AGO Form 53-55 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: * awarding the applicant the PH for wounds received in action on 6 January 1945 * awarding the applicant the BSM based on award of the CIB * adding the PH and CIB to his WD AGO Form 53-55 * correcting his WD AGO Form 53-55 to show he was wounded in action in Luxembourg on 6 January 1945 _______ _ 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) AR20120006877 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120006877 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1