BOARD DATE: 24 October 2017 DOCKET NUMBER: AR20160003917 BOARD VOTE: ____x_____ ___x____ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 24 October 2017 DOCKET NUMBER: AR20160003917 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 amending his WD AGO Form 53-55 as follows: * adding to item 32 the Ardennes-Alsace campaign * deleting from item 33 the European African Middle Eastern Theater Campaign Ribbon with three bronze service stars and adding the: * Purple Heart * Bronze Star Medal with "V" Device * World War II Victory Medal * American Campaign Medal * European African Middle Eastern Theater Campaign Ribbon with four bronze service stars _____________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. BOARD DATE: 24 October 2017 DOCKET NUMBER: AR20160003917 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 addition of his Purple Heart (PH) to his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge). 2. The applicant states he was wounded in World War II and received a PH that is not reflected on his WD AGO Form 53-55. He was informed by a Department of Veterans Affairs social worker that the record does not show he received the PH for his military service during World War II. 3. The applicant provides: * WD AGO Form 53-55 * PH certificate, dated 7 August 1985 * Bronze Star Medal (BSM) certificate, dated 7 August 1985 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 was inducted into the Army of the United States on 11 March 1943 and entered active duty on 18 March 1943 in Boston, MA. This form also shows at the time of his separation, the applicant: * held military occupational specialty (MOS) 531 (Cannoneer) * was assigned to Company C, 36th Armored Infantry Regiment 3. His WD AGO Form 53-55 also shows that he: * departed the continental United States (CONUS) on 13 May 1944 and arrived in the European-African-Middle Eastern Theater of Operations (EAMETO) on 25 May 1944 * departed the EAMETO on an unknown date and arrived in CONUS on 24 February 1945 4. Information from the Hospital Admissions Card for the Year 1944, created by the Office of the Surgeon General files indicate that he was admitted to the hospital on 21 December 1944, from the European Theater of Operations for treatment of a compound fracture caused by artillery shells. 5. General Orders Number 2, issued by Headquarters, 158th General Hospital, on 13 January 1945, awarded the applicant the PH for wounds received as a result of enemy action in Belgium. 6. The applicant was honorably separated on 29 June 1945. He completed 1 year and 6 months of continental service and 9 months and 12 days of foreign service. His WD AGO Form 53-55 further shows in: * item 31 (Military Qualification and Date(i.e., infantry, aviation, and marksmanship badges, etc.)) – he was awarded an Expert Marksmanship Qualification Badge (Rifle), Sharpshooter Marksmanship Qualification Badge (Carbine), and Expert Marksmanship Qualification Badge (Small Machine Gun) * item 32 (Battles and Campaigns) – he participated in the Normandy, Northern France, and Rhineland campaigns * item 33 (Decorations and Citations) and item 55 (Remarks) – he was awarded or authorized the European-African-Middle Eastern Theater Campaign Ribbon with three bronze service stars, Distinguished Unit Badge, and Army Lapel Button * item 34 (Wounds Received in Action) – contains the entry "Eur-Afr-Mid E T 21 Dec 44" 7. The applicant provides: a. PH Certificate, issued on 7 August 1985, confirming his award of the PH for wounds received in action in Belgium on 21 December 1944. b. BSM Certificate, dated 7 August 1985, confirming his award of the BSM for heroic achievement in the European Theater of Operations on 3 August 1944. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) states: a. The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. b. The American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year. c. A bronze service star is worn on the appropriate service ribbon, to include the European African Middle Eastern Theater Campaign Ribbon, for each credited campaign. 2. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 36th Armored Infantry Regiment received credit for the following campaigns: * Ardennes-Alsace, 16 December 1944 to 25 January 1945 * Central Europe, 22 March to 11 May 1945 * Normandy, 6 June to 24 July 1944 * Northern France, 25 July to 14 September 1944 * Rhineland, 15 September 1944 to 21 March 1945 DISCUSSION: 1. General Orders award the applicant the PH for wounds received as a result of enemy action in Belgium. This award is not on his WD AGO Form 53-55. 2. He served a qualifying period of service for award of the World War II Victory Medal. This award is not listed on his WD AGO Form 53-55. 3. He served a qualifying period of service for award of the American Campaign Medal. This award is not listed on his WD AGO Form 53-55. 4. He served in the EAMETO from 25 May 1944 to around mid-February 1945. During this period, his unit received campaign participation credit for 4 campaigns: Ardennes-Alsace, Normandy, Northern France, and Rhineland. The Ardennes-Alsace campaign is not listed on his WD AGO Form 53-55 and he qualifies for four instead of three bronze service stars with the European-African-Middle Eastern Theater Campaign Ribbon. 5. On 7 August 1985, The Adjutant General awarded the applicant the Bronze Star Medal for heroic achievement in action against the enemy in the European Theater of Operations on 3 August 1944. This award is not listed on his WD AGO Form 53-55. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003917 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003917 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2