IN THE CASE OF: BOARD DATE: 19 October 2017 DOCKET NUMBER: AR20160005279 BOARD VOTE: ___x_____ ___x___ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 October 2017 DOCKET NUMBER: AR20160005279 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: * awarding him the Purple Heart for injuries received due to hostile action in the European theater on 24 September 1944 * awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge * deleting award of the European-African-Middle Eastern Campaign Medal from item 33 of his WD AGO Form 53-55 * adding the following awards to item 33 of his WD AGO Form 53-55 – * Purple Heart * Bronze Star Medal * European-African-Middle Eastern Campaign Medal with four bronze service stars and arrowhead * French Fourragere * adding to item 34 the entry "face and hands, Germany, September 1944" ___________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. IN THE CASE OF: BOARD DATE: 19 October 2017 DOCKET NUMBER: AR20160005279 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 correction of his record to show award of Purple Heart. 2. He states during his service in World War II he was wounded in action in Germany. 3. He provides: * Honorable Discharge Certificate * Award of Disability Compensation or Pension * Form Number 52b (Medical Department) 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's complete 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 the applicant's records were lost or destroyed in that fire. However, there are partial records sufficient for the Board to conduct a fair and impartial review of this case. 3. His WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) shows he was inducted in the Army of the United States on 20 February 1943, and he was honorably discharged on 26 March 1946. The form further shows in: * item 6 (Organization) – he was assigned to Company I, 18th Infantry Regiment, 1st Infantry Division * item 31 (Military Qualification and Date) – he was awarded the Combat Infantryman Badge (CIB) in November 1944 * item 32 (Battles and Campaigns) – he was credited with participation in the Normandy, Central Europe, Rhineland, and Northern France, campaigns * item 33 (Decorations and Citations) – * European-African-Middle Eastern (EAME) Campaign Medal * Good Conduct Medal * World War II Victory Medal * item 34 (Wounds Received in Action) – "NONE" * item 36 – he arrived in the European-African-Middle Eastern Theater of Operations (ETO) on 9 November 1943 and departed on 26 February 1946 4. His record includes, and the applicant provides, a Form 52b, which shows the applicant was wounded in action on 24 September 1944, sustaining shrapnel wounds to his face and hands. 5. The applicant provides his Award of Disability Compensation or Pension (Service Connected) statement, dated April 1945, awarding him a disability pension based a gunshot wound to left shoulder during World War II. The date of the injury is not indicated on this form. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify 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. Examples of enemy-related injuries which clearly justify award of the Purple Heart are injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; and concussion injuries caused as a result of enemy generated explosions. b. The Bronze Star Medal (BSM) is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The BSM 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 CIB or the Combat Medical Badge is considered to be a citation in orders. Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during WWII. c. The EAME Campaign Medal was awarded for service within the European African-Middle Eastern theater between 7 December 1941 and 8 November 1945. A bronze service star is authorized with this award for each campaign a member is credited with participating in. The applicant participated in four campaigns. d. The arrowhead is authorized for wear on the EAME Campaign Medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing, while assigned or attached as a member of an organized force carrying out an assigned tactical mission. 2. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists occupation credit for World War II units. It shows the 18th Infantry Regiment, 1st Infantry Division: * received assault landing credit for Normandy (6 - 7 June 1944) * was cited for award of the French Fourragere (1 January - 30 April 1943 and 6 June 1944) DISCUSSION: 1. The applicant requests award of the Purple Heart. 2. The applicant was wounded in action on 24 September 1944 and sustained shrapnel wound to his face and hands; therefore, he met the criteria for award of the Purple Heart. 3. Based on his award of the CIB, he is entitled to award of the BSM. 4. He participated in four campaigns during his service in World War II and his unit was cited for an assault landing at Normandy. He is entitled to four bronze service stars and the arrowhead for wear on his previously-awarded EAME Campaign Medal. 5. His unit was also cited for award of French Fourragere. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005279 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005279 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2