IN THE CASE OF: BOARD DATE: 07 MAY 2009 DOCKET NUMBER: AR20090000158 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 records of her deceased husband, a former service member (FSM), be corrected to show award of the Purple Heart. 2. The applicant states that the FSM was wounded twice while fighting during World War II (WWII) and was hospitalized in France, but never received the Purple Heart. 3. The applicant provides a copy of the FSM's WD AGO Form 53-5 (Enlisted Record and Report of Separation), dated 1 June 1946; a copy of the FSM's death certificate, dated 13 December 2007; a copy of her marriage license, dated 15 January 1949; and a copy of a letter, dated 19 June 1946, from the Veterans Administration to the FSM regarding his service-connected disability claim, in support of her request. 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 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 FSM’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. 3. The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty in Fort Snelling, Minnesota, on 29 March 1944. This form also shows that at the time of his separation, the FSM held military occupational specialty 566 (Duty Noncommissioned Officer) and was assigned to the Company A, 17th Armored Infantry Battalion. 4. The FSM's WD AGO Form 53-55 shows he departed the United States on 13 November 1944 and arrived in the Mediterranean theater of operations (MTO) on 26 November 1944. He then departed the MTO on 16 January 1945 and arrived in the European theater of operations (ETO) on the same date. He departed the ETO on an unknown date in July 1945 and arrived in the United States on 13 August 1945. He completed 1 year, 5 months, and 2 days of continental service and 9 months and 1 day of foreign service. He was honorably discharged on 1 June 1946. 5. Item 31 (Military Qualifications and Date) of the FSM's WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge and the Rifle Marksmanship Qualification Badge. 6. Item 32 (Battles and Campaigns) of the FSM’s WD AGO Form 53-55 shows he participated in the Rhineland and Central Europe campaigns during WWII. 7. Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55 shows he was awarded the American Theater Service Medal, the European-African-Middle Eastern Campaign Medal, the Good Conduct Medal, and the Army of Occupation Medal with Germany Clasp. Item 33 does not show award of the Purple Heart. 8. Item 34 (Wounds Received in Action) of the FSM's WD AGO Form 53-55 contains the entry "None." 9. The FSM's WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), dated 31 May 1946, shows the FSM was examined at Fort McCoy, Wisconsin, prior to his discharge and that the medical physician noted that the FSM suffered a wound to his left leg in July 1945 and that he was hospitalized in France at an Army General Hospital. 10. On 19 June 1946, the Veterans Administration notified the FSM by letter that a service connection was established for a fragmentation wound scar to his left leg. 11. The FSM's reconstructed record does not contain orders awarding him the Purple Heart. 12. There is no indication in the FSM's reconstructed record that he suffered a second injury during his WWII service. 13. The Purple Heart was established by General George Washington at Newburgh, New York, on 7 August 1782 during the Revolutionary War. It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932. It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action. 14. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The Good Conduct Medal was referred to at times as the Good Conduct Ribbon. 15. Army Regulation 672-5-1 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 been treated by military medical personnel, and the medical treatment must have been made a matter of official records. 16. Review of the FSM's records indicates his entitlement to additional awards which are not shown on his WD AGO Form 53-55. 17. Army Regulation 600-8-22 (Military Awards) provides for award of the Bronze Star Medal 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 Combat Infantryman Badge or Medical Badge 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. 18. Army Regulation 600-8-22 provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations. It states, in pertinent part, that the WWII Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. 19. Army Regulation 600-8-22, provides, in pertinent part, that the European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern theater between 7 December 1941 and 8 November 1945. The regulation also authorizes a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation or listed in item 32 of the WD AGO Form 53-55. This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that the FSM's records should be corrected to show award of the Purple Heart. 2. The evidence of record shows that the FSM sustained a wound to his left leg in July 1945 and that he was hospitalized in France at an Army General Hospital during his service in WWII. In view of his participation in several campaigns as well as award of the Combat Infantryman Badge, it is more likely than not that the applicant's wound was a result of hostile action. Therefore, it would be appropriate to award the FSM the Purple Heart and correct his records to show this award. 3. The evidence of record shows that the FSM served a qualifying period for awards of the WWII Victory Medal which is not shown on his records; therefore, he is entitled to correction of his records to show this award. 4. The evidence of record shows the FSM was awarded the Combat Infantryman Badge. Based on his entitlement to award of the Combat Infantryman Badge, he is also entitled to award of the Bronze Star Medal and correction of his records to show this award. 5. The evidence of record shows the FSM was awarded the European-African-Middle Eastern Campaign Medal. Furthermore, his WD AGO Form 53-55 shows he participated in two campaigns during his service within the boundaries of the European-African-Middle Eastern theater. Therefore, he is entitled to awards of four bronze service stars to be affixed to his European-African-Middle Eastern Campaign Medal. BOARD VOTE: ___X_____ ___X_____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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: a. awarding the FSM the Purple Heart for wounds received in action in July 1945; b. awarding the FSM the Bronze Star Medal, the WWII Victory Medal; and c. adding award of the Purple Heart, the Bronze Star Medal, the WWII Victory Medal, and two bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal, to his WD AGO Form 53-55. _________XXX________________ 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) AR20090000158 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090000158 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1