RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 August 2005 DOCKET NUMBER: AR20050001610 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. Paul Smith Chairperson Ms. Yolanda Maldonado Member Mr. Leonard Hassell Member 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, in effect, three awards of the Purple Heart (correctly known as Purple Heart with Second Oak Leaf Cluster); correction of item 34 (Wounds Received in Action) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show he was wounded three times; and correction of item 41 (Service Schools Attended) on his WD AGO Form 53-55 to show he attended Washington State College. 2. The applicant states, in effect, while a prisoner of war he was wounded on three separate occasions (his train was hit by a bomb during an air raid and he injured his back and shoulder; he was beaten by a German guard with a rifle butt and he received cracked ribs; and during an air raid, while working in a field putting up power transmission towers, he was hit in the hand and shoulder by shrapnel from anti-aircraft guns which “rained” down on him). He also states that he attended the State College of Washington as a Pre Cadet for ten weeks. 3. The applicant provides a letter, dated 13 August 1992, from the U.S. Army Reserve Personnel Center, St. Louis, Missouri; a Department of Veterans Affairs (DVA) medical record, dated 4 March 2004; a WD AGO Form 53-55; and a WD AGO Form 100 (Army Separation Qualification Record). CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of alleged errors which occurred on 6 September 1945. The application submitted in this case is dated 24 January 2005. 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 applicant was inducted on 25 June 1943 and entered active duty on 9 July 1943. He served in the European Theater of Operations from 15 December 1944 through 14 May 1945 and was honorably discharged on 6 September 1945. 5. The applicant’s WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal as an authorized award. Item 32 (Battles and Campaigns) on his WD AGO Form 53-55 shows that he participated in two campaigns. Items 34 and 41 on the applicant’s WD AGO Form 53-55 show the entries, “None.” 6. There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II. 7. In support of his claim for award of the Purple Heart, the applicant provided a DVA medical record, dated 4 March 2004, which shows that he has an old healed fracture deformity of the right first and second ribs and a distortion of the right scapula which is stable compatible with an old fracture. However, there is no evidence that these fractures were the result of hostile action during World War II. 8. The service education/service school section on the applicant’s WD AGO Form 100 shows he completed a 10-week Pre Cadet course at the State College of Washington. 9. The available records contain a letter, dated 19 May 1988, from the Secretary of the Army which shows the applicant was awarded the Prisoner of War Medal. 10. Section 521a of the National Defense Authorization Act of 1996, authorized award of the Purple Heart to any former prisoner of war who was wounded before 25 April 1962 while held as a prisoner of war or while being taken captive, in the same manner as a former prisoner of war who was wounded on or after that date. Section 521b specifically stated that award of the Purple Heart for prisoners of war under Section 521a shall be made in accordance with the standards in effect on the date of the enactment of this Act to persons wounded on or after 25 April 1962. 11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart. 12. Department of the Army Technical Manual TM 12-235 (Discharge Procedures and Preparation of Separation Forms) established the policies and procedures for completion and distribution of the WD AGO Form 53-55 during World War II. This regulation states that service schools completed satisfactorily will be entered in item 41 of the WD AGO Form 53-55. 13. Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55. 14. Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. DISCUSSION AND CONCLUSIONS: 1. The DVA medical record provided by the applicant does not show how he received his injuries. There is no evidence in the available records which shows that he was wounded or injured a result of hostile action during World War II. Regrettably, there is insufficient evidence on which to base any award of the Purple Heart in this case. 2. Since the applicant’s WD AGO Form 100 shows he completed a 10-week Pre Cadet course at the State College of Washington which is shown in the service education/service school section, it would be appropriate to correct item 41 on his WD AGO Form 53-55 to show he attended this service school. 3. The applicant received the Prisoner of War Medal; therefore, his WD AGO Form 53-55 should be corrected to show this medal. 4. The applicant participated in two campaigns during World War II which entitles him to award of the European-African-Middle Eastern Campaign Medal with two bronze service stars. 5. The applicant served a period of qualifying service for award of the World War II Victory Medal. 6. Records show the applicant should have discovered the alleged errors now under consideration on 6 September 1945; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950 (3 years after the Board was established on 2 January 1947). Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the fact there is no statute of limitations on requests for award of the Purple Heart. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF PS_____ YM____ LH________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 by: a. amending item 33 (Decorations and Citations) on his WD AGO Form 53-55 to show he was awarded the Prisoner of War Medal, the European-African-Middle Eastern Campaign Medal with two bronze service stars, and the World War II Victory Medal; b. deleting the entry, “None” in item 41 on his WD AGO Form 53-55; and c. adding the entry, “State College of Washington, Pre Cadet Course” in item 41 on his WD AGO Form 53-55. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to three awards of the Purple Heart and amendment of item 34 on his WD AGO Form 53-55. __Paul Smith___________ CHAIRPERSON INDEX CASE ID AR20050001610 SUFFIX RECON DATE BOARDED 20050830 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 107.0015 2. 100.0000 3. 100.0700 4. 5. 6.