BOARD DATE: 13 September 2011 DOCKET NUMBER: AR20110004243 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, the daughter of a deceased former service member (FSM), requests correction of the FSM's discharge document to show award of the Purple Heart. 2. The applicant states she is attempting to have her father's name enrolled in the National Purple Heart Hall of Honor located in Vails Gate, NY. In order to do this she must furnish an official copy of the FSM's discharge document showing the award, along with the award orders and certificate. 3. The applicant provides a copy of the FSM's War Department (WD) AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) and information from the Surgeon General's Office (SGO). 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 service 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 available documents for the Board to conduct a fair and impartial review of this case. 3. The FSM was inducted into the Army of the United States on 20 October 1943 and entered active service on 10 November 1943. 4. The FSM's WD AGO Form 53-55 shows he was honorably discharged on 29 August 1945. He completed 20 days of inactive service; 10 months and 6 days of continental service; and 11 months and 14 days of foreign service, equaling 1 year, 10 months, and 10 days of total service. It also shows in: a. item 6 (Organization) that he was assigned to Company D, 39th Infantry Regiment; b. item 30 (Military Occupational Specialty and Number) - "Heavy Machine Gun Noncommissioned Officer 605;" c. item 31 (Military Qualification and Date) the Combat Infantryman Badge; d. item 32 (Battles and Campaigns) that he participated in the Normandy, Northern France, Rhineland, and "others not available" campaigns; e. item 33 (Decorations and Citations), coupled with item 55 (Remarks), the European-African-Middle Eastern Campaign Medal with 3 bronze service stars, Presidential Unit Citation (formerly designated as the Distinguished Unit Badge), and "others not available;" f. item 34 (Wounds Received in Action) - "27 Feb 45 European Theater;" and g. item 36 (Service Outside Continental U.S. and Return) he served in the European Theater of Operations (ETO) from 27 June 1944 to 18 May 1945. 5. Information from the U.S. Army SGO's Hospitalization Admission Cards for the Year 1945 shows the FSM was admitted to an Army Medical Treatment Facility on 27 February 1945 and he received treatment for a wound to his thigh caused by artillery shell fragments sustained in combat while serving in the ETO. 6. A review of the FSM's available military service records reveals he may be authorized additional awards that are not shown on his DD Form 214. 7. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, lists the unit awards received by units and campaign participation of units serving in World War II. This document shows that while the FSM was assigned to Company D, 1st Battalion, 39th Infantry Regiment: a. the regiment participated in the Normandy, Northern France, Rhineland, Ardennes-Alsace, and Central Europe campaigns; b. the battalion was awarded the Presidential Unit Citation for actions during the period 6 - 9 August 1944 by WD General Orders Number 10 (1945); and c. the battalion was cited for award of the French Croix de Guerre by Department of the Army General Orders Number 43 (1950). 8. On 22 May 1978, the FSM applied for award of the Bronze Star Medal based on his award of the Combat Infantryman Badge. On 28 July 1978, he was advised to provide a copy of his WD AGO Form 53-55 for further consideration of his request. There is no evidence of any further action regarding the request. 9. The applicant's available military service records do not contain any evidence of adverse information or disqualification for the Army Good Conduct Medal. 10. Army Regulation 600-68 (Good Conduct Medal), in effect at the time, stated 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, after 7 December 1941, completed 1 year of continuous active Federal military service while the United States was at war. The award would not be made to an enlisted Soldier whose records, during the required period of service, disclosed a conviction by any court-martial, or to one whose character or efficiency was rated below "excellent." 11. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The Purple Heart is awarded to any member who has been wounded or killed in action. A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy. In order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record. b. 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. c. 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. One bronze service star is authorized with this service medal for each ETO campaign a member is credited with participating in. A silver service star is authorized in lieu of five bronze service stars. d. The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. e. The French Fourragere is an approved foreign unit award. The French Fourragere may be awarded by the French Government when a unit has been cited twice for award of the French Croix de Guerre. When a unit was cited only one time by the French Government for award of the French Croix de Guerre, there was no individual device, emblem, medal, or ribbon authorized for wear by members of the unit. Thus, former members of any American units which appear in Department of the Army Pamphlet 672-1 are not authorized an individual device. DISCUSSION AND CONCLUSIONS: 1. The applicant contends the FSM should be awarded the Purple Heart because he was wounded in action during World War II. 2. Records show the FSM was wounded in action on 27 February 1945 in the ETO. Therefore, it would be appropriate to award the FSM the Purple Heart. 3. The FSM was awarded the Combat Infantryman Badge for exemplary conduct in action against the enemy during World War II. An award of the Combat Infantryman Badge is considered to be a citation in orders. This means that the Bronze Star Medal is to be awarded to individuals who were authorized the Combat Infantryman Badge for service during World War II. Therefore, it would be appropriate to correct the FSM's records to show award of the Bronze Star Medal. 4. The FSM was awarded the European-African-Middle Eastern Campaign Medal and records indicate he served in five campaigns during World War II. Therefore, it would be appropriate to correct his records to show award of one silver service star to be affixed on his already-awarded European-African-Middle Eastern Campaign Medal. 5. The FSM qualified for award of the World War II Victory Medal. 6. Records show the FSM's unit was awarded the Presidential Unit Citation and French Croix de Guerre. 7. The FSM served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 10 November 1943 to 29 August 1945. a. There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award). b. Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award), based on the available evidence, it would be appropriate to award the FSM this medal. 8. In view of the foregoing, the FSM's WD AGO Form 53-55 should be corrected as recommended below. 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. issuing orders and a DA Form 4980-10 (Purple Heart Certificate) awarding the FSM the Purple Heart for wounds received in action in the European Theater of Operations on 27 February 1945; b. issuing orders and a DA Form 4980- 5 (Bronze Star Medal Certificate) awarding the FSM the Bronze Star Medal for meritorious achievement for exemplary conduct in ground combat during the period 27 June 1944 to 18 May 1945; c. issuing orders awarding the FSM the Army Good Conduct Medal (1st Award) for exemplary conduct, efficiency, and fidelity during the period 10 November 1943 to 29 August 1945; and d. correcting the FSM's 29 August 1945, WD AGO Form 53-55 by: (1) deleting from item 32 the entry "Others not available;" (2) adding to item 32 the "Ardennes-Alsace" and "Central Europe" campaigns; (3) deleting all of the awards listed in item 33 and item 55; and (4) adding to item 33 the Bronze Star Medal, Purple Heart, Army Good Conduct Medal (1st Award), European-African-Middle Eastern Campaign Medal with one silver service star, World War II Victory Medal, Presidential Unit Citation, and French Croix de Guerre. 2. The Board wants the applicant and all others to know that the sacrifices the FSM made in service to the United States during World War II are deeply appreciated. The applicant and all Americans should be justifiably proud of the FSM's service in arms. _______ _ 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) AR20110004243 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110004243 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1