IN THE CASE OF: BOARD DATE: 10 March 2016 DOCKET NUMBER: AR20150001327 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 son of a deceased former service member (FSM), requests correction of his father's records to show: * He served in a military intelligence specialty * His highest rank held as sergeant (SGT) * Issuance of the Purple Heart for injuries received while serving with the "OSS" (Office of Strategic Services) 2. The applicant states: * The FSM's injuries were treated in a hospital in France, possibly the 45th or 52nd Field Hospital near Mortain, France * The FSM's unit hit Omaha Beach at 0630 hours on 6 June 1944 with the 116th Infantry, 13th Armor, 1st Army, 1st Division * The FSM was rated as a liaison agent on 18 May 1943 3. The applicant provides: * Certificate of Birth * Certificate of Death * Certificate of Eligibility from the Department of Veterans Administration * Honorable Discharge Certificate * WD AGO Form 53-55 (Enlisted Record and Report of Separation) * WD AGO Form 100 (Army of the United States - Separation Qualification Record) * Award of Disability Compensation of Pension * Letter from the General Services Administration * Letter from the Personnel Records Center * Handwritten letter addressed to the Army Review Boards Agency * FSM's Testimonial 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 completed 1 year, 4 months, and 16 days of prior service in the Army National Guard. His WD AGO Form 53-55 also shows he was inducted into the Army of the United States on 18 November 1942 and he entered active service on 1 December 1942. He was discharged on 20 November 1945. 4. His WD AGO Form 53-55 shows in: a. Item 3 (Grade) he held the rank of private first class (PFC) at the time of his discharge. b. Item 30 (Military Occupational Specialty (MOS) and Number) he served as a Truck Driver (Light) in MOS 345. c. Item 33 (Decorations and Citations) no entry showing the Purple Heart. d. Item 34 (Wounds Received in Action) the entry "NONE." e. Item 38 (Highest Grade Held) his highest grade was "PFC" at the time of his discharge. 5. The FSM's WD AGO Form 100 shows in: a. Block 3 (Grade) he was separated in the rank of PFC. b. Block 10 (Military Occupational Assignments) that he served 17 months in MOS 761 as a platoon sergeant in the rank of PFC; he served 12 months in MOS 761 as a reconnaissance noncommissioned officer (NCO) in the rank of sergeant (SGT); he served 11 months in MOS 745 as a rifleman in the rank of private (PVT); and he served 9 months in MOS 345 as a Truck Driver, Light in the rank of PVT. c. Block 13 (Title-Description-Related Civilian Occupation) he worked as a truck driver while serving in a port battalion, and drove Army trucks up to 2-1/2 tons transporting personnel, supplies, and equipment making minor emergency repairs. He was trained to drive over all types of terrain and under blackout conditions. 6. His Final Payment-Worksheet shows his rank as PVT. The FSM authenticated this form with his signature. 7. There is no evidence of record that shows he held the rank of SGT at the time of discharge on 20 November 1945. 8. The available service record is void of evidence which indicates he sustained injuries as a result of hostile action. 9. The applicant provided a letter, dated 25 June 1964, from the General Services Administration. This letter stated that "day to day reports of activities were not maintained as a matter of permanent record; however, the records show that you were rated a Liaison Agent May 18, 1943, and Reconnaissance Sergeant January 8, 1944." A copy of the occupational description was attached to the letter. 10. The applicant also provided the FSM's testimonial in which he attested to his military service in the Army and Army National Guard. He stated his branch was "intelligence" in the Army. He described his military duties and operations in France. He mentioned that he was hit by cannon fire and possibly regained consciousness hours or days later. He further mentioned that he assisted the military police during his free time with the railroad. He exposed and stopped black market diamond traffic and sale of U.S. Army supplies on the black market. He claimed he held the rank of SGT until he joined the 1st Army in England, but for his safety if captured, he was a PFC. He described medical conditions he experienced since 1950 and the treatments he received. 11. 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 directed to: a. Enter grade held at time of separation and date of rank or appointment in Item 3. b. Enter decorations or citations and authority for each in Item 33. c. Enter date wounded and theater in Item 34. d. Enter highest grade in current period of active duty in Item 38. 12. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 required treatment by medical personnel, and the medical treatment must have been made a matter of official record. DISCUSSION AND CONCLUSIONS: 1. The General Services Administration letter indicates the FSM was rated as a liaison agent (18 May 1943) and a reconnaissance sergeant (8 January 1944). Although the FSM may have performed duties in a military intelligence MOS, the available evidence shows the FSM was serving as a truck driver, light in MOS 345 at the time of his discharge, which is properly recorded in item 30 of his WD AGO Form 53-55. 2. The FSM's WD AGO Form 100 shows he held the rank of SGT for 12 months. 3. The available evidence shows that at the time of the FSM's discharge on 20 November 1945, his rank was PFC, which is properly reflected on his WD AGO Form 53-55. 4. The FSM's WD AGO Form 53-55 shows the highest rank he attained during his period of service was PFC. He reviewed and signed both his WD AGO Form 53-55 and his Final Payment Worksheet which show his rank as PFC. There is no evidence of record and the applicant did not provide any evidence that shows the FSM held the rank of SGT at the time of his discharge. 5. By regulation, in order to award the Purple Heart, it is necessary to establish that a Soldier was wounded in action, the wound required treatment by medical personnel, and the treatment must have been made a matter of official record. 6. The FSM's reconstructed records do not include any medical documentation or other evidence that indicates he was wounded in action. There is no evidence which shows he was awarded the Purple Heart. In addition, item 34 of his WD AGO Form 53-55 does not reflect that he was wounded in action. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X___ ____X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ _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) AR20150001327 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150001327 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1