BOARD DATE: 31 July 2018 DOCKET NUMBER: AR20160016517 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: 31 July 2018 DOCKET NUMBER: AR20160016517 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 the American Campaign Medal and 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 award of the Purple Heart, Army Good Conduct Medal, and National Defense Service Medal. ______________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: 31 July 2018 DOCKET NUMBER: AR20160016517 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 WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show the following: * American Campaign Medal * Purple Heart * World War II (WWII) Victory Medal * Army Good Conduct Medal * any unit citations * National Defense Service Medal 2. The applicant states he was assigned to the 1514th Engineer Company from the time of his arrival in Africa to his discharge. 3. The applicant provides his WD AGO Form 53-55 and a photograph of his medals. CONSIDERATION OF EVIDENCE: 1. 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 (NPRC) in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record and that provided by the applicant for the Board to conduct a fair and impartial review of this case. 2. The available records contain a WD AGO Form 53-55 that shows the applicant enlisted in the Regular Army on 4 September 1940. He held military occupational specialty 824 (Mess Sergeant). His WD AGO Form 53-55 also shows in: * Item 6 (Organization) – 1514th Engineer Company Water Supply * Item 30 (Military Occupational Specialty and Number) – Mess Sergeant 824 * Item 32 (Battles and Campaigns) – Sicily, Naples-Foggia, Rome Arno, Rhineland, and Southern France * Item 33 (Decorations and Citations) – the: * European-African-Middle Eastern Theater Campaign Medal with five bronze service stars and bronze arrowhead * American Defense Service Medal * Item 31 (Military Qualification and Date ) – Not available * Item 34 (Wounds Received in Action) – None * Item 36 (Service Outside Continental U.S. and Return) – he: * departed the continental U.S. enroute to the North Atlantic Treaty Organization (NATO) on 9 November 1942 and arrived on 18 November 1942 * departed NATO on 9 July 1943 enroute to the European Theater of Operations (ETO) and arrived there on 15 July 1943 * departed the ETO on an unknown date and arrived in the U.S. on 4 July 1945 * Item 55 (Remarks) – 5 days lost, Lapel Button [correctly known as the Honorable Service Lapel Button] 3. He was honorably discharged, in the rank of private, on 15 August 1945, for demobilization. His WD AGO Form 53-55 shows he completed 2 years, 3 months, and 4 days of continental service, which included 2 years, 8 months, and 5 days of foreign service 4. He provides a photograph which he states shows his medals. REFERENCES: 1. Army Regulation (AR) 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, a “wound” was 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. 2. AR 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. The regulation states: a. The American Campaign Medal is awarded for service within the American Theater between 7 December 1941 and 2 March 1946 under any of the following conditions: * On permanent assignment outside the continental limits of the United States * Permanently assigned as a member of a crew of a vessel sailing ocean waters for a period of 30 consecutive days or 60 nonconsecutive days * Outside the continental limits of the United States in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days * Within the continental limits of the United States for an aggregate period of 1year b. For award of the Purple Heart there must be evidence that a member was wounded or injured as a result of enemy action. The wound or injury for which the Purple Heart is being awarded must have required treatment by a medical officer and this treatment must be supported by medical treatment records that were made a matter of official record. c. The WWII Victory Medal is awarded for service between 7 December 1941 and 31 December 1946. d. The Army Good Conduct Medal was established by Executive Order 8809, 28 June 1941. It is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. It is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his/her fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service, as outlined in this chapter. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in Permanent Orders. Anyone of the following periods of continuous enlisted active Federal military service qualifies for award of the Army Good Conduct Medal in conjunction with the aforementioned criteria: * Each 3 years completed on or after 27 August 1940 * For first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946. e. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954. 3. DA Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists unit awards received by units and campaign participation of units serving in World War II and the Korean War. A review of the pamphlet failed to show his unit, the 1514th Engineer Company Water Supply, was cited for any unit citations during the applicant's period of service. DISCUSSION: 1. The evidence of record shows the applicant completed a qualifying period of service for award of the American Campaign Medal and WWII Victory Medal. His WD AGO Form 53-55 does not show these awards. 2. The available evidence of record does not indicate he sustained and was injured and/or was wounded as a result of hostile action while in combat during WWII, received medical treatment, and that treatment was made a matter of official record. Unfortunately, the available evidence does support the regulatory burden of proof necessary to establish entitlement to the Purple Heart and it addition to his WD AGO Form 53-55. 3. There is no right or entitlement to the Army Good Conduct Medal until the immediate commander has approved the award and the award has been announced in orders. There are no available orders showing he was awarded of authorized the Army Good Conduct Medal during his period of active duty The available evidence also show he had 5 days of time lost, which likely would have affected his eligibility for this award. 4. DA Pamphlet 672-1 does not show his unit was cited for any unit orders during his period of service. 5. The applicant served on active duty from 4 September 1940 to 13 August 1945. The National Defense Service Medal was awarded for honorable active service for any period between 27 July 1950 and 27 July 1954. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016517 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016517 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2