BOARD DATE: 3 May 2018 DOCKET NUMBER: AR20160014459 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ____x____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 3 May 2018 DOCKET NUMBER: AR20160014459 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his WD AGO Form 53-55: * Bronze Star Medal * American Defense Service Medal * American Campaign Medal * World War II Victory Medal 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 entitlement to the Purple Heart. _______________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: 3 May 2018 DOCKET NUMBER: AR20160014459 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, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show all awards and decorations he is entitled. 2. The applicant states, in effect, he was awarded several medals to include the Bronze Star Medal and the Purple Heart; however, they were never documented on his WD-AGO Form 53-55. 3. The applicant provides a copy of his WD-AGO Form 53-55. 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 military record is 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 his records were lost or destroyed in that fire. However, there is sufficient evidence on file for the Board to conduct a fair and impartial review of this case. This case is being considered using reconstructed records, which primarily consist of evidence provided by the applicant and the applicant's WD AGO Form 53-55. 3. His WD AGO Form 53-55 contains the following pertinent information: * he enlisted in the National Guard on 5 February 1941, entering active service in Bismarck, ND on 10 February 1941 * his military occupational specialty was 821 (Supply Noncommissioned Officer) * his organization was Company A, 164th Infantry Regiment * he served in at Guadalcanal and the Northern Solomons area of operations from 8 April 1942 until his departure enroute to the continental U.S. (CONUS) on 20 May 1944 * he held the rank of staff sergeant at the time of separation * he was honorably discharged on 18 August 1945 * he served a total of 2 years, 3 months, and 14 days in CONUS * he served a total of 2 years, 2 months, and 25 days of foreign service 4. His WD AGO Form 53-55 shows in: a. Item 31 (Military Qualification and Date) the Combat Infantryman Badge and the Marksman Marksmanship Qualification Badge with Rifle Bar. b. Item 33 (Decorations and Citations) that he was awarded or authorized the Asiatic Pacific Theater Ribbon with 2 bronze service stars, Army Good Conduct Medal, Distinguished Unit Badge, Lapel Button and the American Defense Service Ribbon. c. Item 34 (Wounds Received in Action) contains the entry "None." d. Item 56 (Signature of Person Being Separated) shows he authenticated the document with his signature. 5. His available service records do not contain orders awarding him the Purple Heart. 6. A review of the Office of the Surgeon General files shows he was hospitalized on 15 May 1944, for choroiditis (an inflammation of the choroid and retina of the eye). REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) 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 American Defense Service Medal is awarded for service between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer. c. The American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, or duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year. d. The World War II (WWII) Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. e. Paragraph 2-8, states the Purple Heart is awarded to members of the Armed Forces of the United States who, while serving under the authority with any of the U.S. Armed Services, have been wounded, were killed, or who have died or may hereafter die of wounds received as a result of hostile enemy action. The wound, injury, or death must have been the result of hostile enemy action; the wound or injury must have required treatment, not merely examination, by a medical officer or a medical professional; and treatment of the wound must be documented in the Service member's medical and/or health record. 2. Army Regulation 15-185 (ABCMR), paragraph 2-5, states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant's contention that his WD AGO Form 53-55 should be corrected to show award of the Bronze Star Medal and the Purple Heart was carefully examined and appears to have some merit. 2. The applicant was awarded the Combat Infantryman Badge; therefore, based on the applicable regulation, he is eligible for award of the Bronze Star Medal. 3. The available evidence shows he served a qualifying period time for award of the American Defense Service Medal, American Campaign Medal and WWII Victory Medal. 4. The Purple Heart differs from all other decorations in that an individual is not "recommended" for this decoration; rather, the individual is entitled to it upon meeting specific criteria. Award of the Purple Heart requires a Soldier to have been injured or wounded by hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. 5. The Board begins its consideration of each case with a presumption of regularity; that is, what Army records reflect is correct and the burden of proving otherwise rests with the applicant. A review of the Office of the Surgeon General files shows he was hospitalized and treated for choroiditis (an inflammation of the choroid and retina of the eye). 6. The applicant's record does not show he suffered or was treated for a combat wound or injury. In addition, there is no reference in his service records to a combat wound or injury or treatment for such wound or injury. His records are void of orders which show he was awarded the Purple and his WD AGO Form 53-55 shows he did not sustain wounds in action. He authenticated this document at the time of separation indicating the information contained therein was correct. 7. Notwithstanding the applicant's sincerity, in the absence of additional documentation which conclusively shows the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there appears to be insufficient basis for awarding him the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014459 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014459 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2