BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160010778 BOARD VOTE: ____x_____ ___x____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160010778 BOARD DETERMINATION/RECOMMENDATION: 1. 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: a. posthumously awarding the FSM the Bronze Star Medal, based on his award of the Combat Infantryman Badge; b. deleting from item 1 (Last Name, First Name, Middle Initial) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge), the entry "Gennard" and replacing it with the entry "Gennaro"; c. adding to item 33 (Decorations and Citations) of his WD AGO Form 53-55, the Bronze Star Medal, Purple Heart, Prisoner of War Medal, and Presidential Unit Citation; and d. adding to item 34 (Wounds Received in Action) of his WD AGO Form 53-55 the entry "Unknown, European Theater, POW 23 December 1944 and 24 April 1945." 2. The Board further determined 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 showing in item 34 of his WD AGO Form 53-55 the entry "Wounded in Action." _______________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. BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160010778 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 award of the Bronze Star Medal, and the addition of the Purple Heart and Presidential Unit Citation to his father's WD-AGO-Form-53-55 (Enlisted Record and Report of Separation – Honorable Discharge). In addition, he requests the spelling of his father's first name be corrected to show "Gennaro" vice "Gennard" and that the entry "Wounded in Action" be added to block 34 (Wounds Received in Action). 2. The applicant states his father was wounded while a prisoner of war (POW) and his separation record should reflect his wounding and subsequent award of the Purple Heart. His father received the Combat Infantryman Badge during World War II and is entitled to the Bronze Star Medal by Executive Orders Number 11046 and regulatory guidance. His father's military unit, the 23rd Armored Infantry Battalion, 7th Armored Division, was awarded the Presidential Unit Citation for action from 17 December to 23 December 1944 at St. Vith, Belgium by General Orders Number 48, dated 1948. 3. The applicant provides: * the FSM's WD AGO Form 53-55 * 7th Armored Division General Order 86, dated 16 November 1944War Department letter, dated 26 June 1946, reference the Purple Heart * 23rd Armored Infantry Battalion, 7th Armored Division After Action Report dated 2 January 1944 * General Orders Number 48, dated 1948 * War Claims Commission letter, dated 31 May 1951 * DA Form 1577 (Authorization for Issuance of Awards), dated 19 October 1988 * excerpts from Army Regulation 600-8-22 (Military Awards) 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 complete military records are not available 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, the applicant provided the FSM's WD AGO 53-55 and sufficient documents to conduct a fair and impartial review of this case. 3. The FSM was inducted into the Army of the United States on 23 February 1944. He entered active duty on that date at New Cumberland, PA. He held military occupational specialty 745 (Rifleman) and his organization was the 23rd Armored Infantry Battalion, 7th Armored Division. 4. His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 3 August 1944 and he arrived in the European-African-Middle Eastern (EAME) Theater of Operations on 13 August 1944. He departed the EAME Theater of Operations on 22 May 1945 and arrived back in CONUS on 3 June 1945. 5. His WD AGO 53-55 shows in: * item 1 (Last Name, First Name, Middle Initial) – his first name spelled as "Gennard" * item 31 (Military Qualification Badge) – Combat Infantryman Badge, 1944 * item 32 (Battles and Campaigns) – Northern France, Rhineland, Ardennes, and Central Europe campaigns * item 33 (Decorations and Citations) – Army Good Conduct Medal, EAME Service Medal with 4 bronze service stars, and the World War II Victory Medal * item 34 – None * item 40 (Reason and Authority for Separation) – shows he was honorably discharged for the convenience of the government due to his POW status 6. On 12 December 1945 he was honorably discharged. 7. The U.S. National Archives and Records Administration World War II POW Data File for the period from 7 December 1941 to 19 November 1946 shows the FSM was detained by Germany on 22 December 1944. A separate registry shows the FSM's POW dates were from 22 December 1944 to 24 April 1945, a period of 4 months and 3 days. 8. The applicant provides: a. 7th Armored Division General Order 86, dated 16 November 1944, awarding the FSM the Combat Infantryman Badge. Within this order, the FSM's first name is spelled "Gennaro." b. a letter from The Adjutant General's Office of the War Department, dated 26 June 1946, informing the FSM he was awarded the Purple Heart for wounds received in action between 23 December 1944 and 2 April 1945 in the EAME Theater of Operations. Of note, the FSM first name is spelled "Gennaro." c. Headquarters, 23rd Armored Infantry Battalion, 7th Armored Division After Action Report for the Month of December 1944, dated 2 January 1944 (sic), describes the significant movements and engagements of its elements with enemy forces. The only names identified in this report are commanding officers, executive officers or operations officers. The report does not contain information concerning POWs although it describes how defensive lines were penetrated by the enemy and elements had to withdrawal and hastily reorganize defensive positions. Tank elements suffered significant losses (no numbers or names noted) and infantryman were ordered to hold key geographic locations. No casualty rosters were attached to this report. d. General Orders Number 48, dated 12 July 1948, awarded the "Battle Honors Unit Citation" to the Combat Command B, 7th Armored Division which included 23rd Armored Infantry Battalion for outstanding performance of duty in action from 17 December to 23 December 1944 at St. Vith, Belgium. e. by letter, the War Claims Commission informed the FSM on 31 May 1951 that he was awarded financial compensation to cover the period of his imprisonment and/or internment from 23 December 1944 to 23 April 1945. Within the letter it is noted the deciding official had reviewed the statements submitted by the FSM and supporting evidence in official records. Of note, the FSM's first name is spelled "Gennaro." f. a DA Form 1577 issued by Department of the Army, Army Personnel Center, St. Louis, MO shows the FSM's first name is spelled "Gennano" and he would receive the POW Medal within 120 days. (The applicant states his father did not receive this medal.) REFERENCES: 1. Army Regulation 600-8-22 states: a. 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. Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. b. 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. c. the POW Medal was authorized on 8 November 1985 and is authorized for any person who, while serving in any capacity with the U.S. Armed Forces, was taken prisoner and held captive after 5 April 1917. The POW Medal will only be awarded when the individual’s POW status has been officially confirmed and recognized as such by the Department of the Army. d. the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 2. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the applicant was assigned to a unit during a period of time the unit was awarded the Distinguished Unit Citation (currently known as the Presidential Unit Citation) by Department of the Army General Order Number 48, dated 1948. 3. War Department Technical Manual 12-236 (Preparation of Separation Forms) states the appropriate separation form will be prepared for all enlisted personnel who are discharged, relieved from active duty or transferred to the Reserve component or retired. Records used to prepare the WD-AGO-53-55 included the Service Record, qualification card, and immunization register, citations, general orders and the Army Separation Qualification Card. For item 1, the name will be typed in the sequence indicated on the form. For item 34, enter the date wounded and theater. DISCUSSION: 1. The FSM was awarded the Combat Infantryman Badge during World War II. Based on this award, he is entitled to award of the Bronze Star Medal. 2. The applicant provided a letter addressed to the FSM from the War Department notifying him on 26 June 1946 that he was awarded the Purple Heart for wounds received during his POW status. While the specific facts and circumstances of his wounding and medical treatment are not available for review by the Board, the War Department notification indicates government officials had reviewed available evidence at the time and determined sufficient evidence existed to award him the Purple Heart. This award is not reflected on his WD AGO 53-55 because it was awarded after his date of discharge. 3. In addition to award of the Purple Heart, the applicant requests item 34 of the FSM's WD AGO Form 53-55 be corrected to show the FSM was wounded in action. Normally, in preparing this form the date of wounding and theater of operation was entered in item 34. In this case it is not possible to add an accurate entry to the WD AGO Form 53-55 as the details necessary to create the entry are unknown. 4. The evidence of record shows the FSM was a POW for over 4 months during World War II. His status as a POW meets the criteria for award of the POW Medal. This award is not listed on his WD AGO Form 53-55. 5. General orders awarded the FSM's unit the Presidential Unit Citation after he was discharged. This unit award is not listed on his WD AGO Form 53-55. 6. The evidence of record shows the FSM's name was spelled on official correspondence as "Gennaro." It appears a typographical error occurred in the preparation of his WD AGO Form 53-55 as his first name is spelled "Gennard." //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160010778 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160010778 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2