ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 January 2019 DOCKET NUMBER: AR20170015081 APPLICANT REQUESTS: award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) * WD AGO Form 100 (Army Separation Qualification Record) * Letter from the Veterans Administration to the applicant, dated 25 June 1947 * Military Order of the Purple Heart Membership Directory 2003 * Newspaper clipping FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant’s complete 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 the applicant's records were lost or destroyed in that fire. However, there were sufficient documents 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 WD AGO Form 53-55. 3. The applicant states: a. He would like the documentation or citation added to reflect the Purple Heart for the injuries he sustained in Germany. His injury is mentioned on his WD AGO Form 53-55, but there is no mention of the Purple Heart. b. The record is in error and unjust due to diminished accessibility for medical and other benefits afforded to Purple Heart recipients. 4. The applicant: * entered active service on 30 June 1943 and served as an infantryman * was honorably discharged on 19 July 1945 according to his WD AGO Form 53-55 5. The applicant’s WD AGO Form 53-55, item 34 (Wounds Received in Action) shows he was wounded in action on 19 June 1944 in Germany. However, his record is void of documentation showing he was awarded the Purple Heart. 6. The applicant’s service record contains a copy of the battle casualty report and the casualty telegram which shows he was injured in France on 19 June 1944. 7. Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, states the Purple Heart was awarded to citizens of the United States serving with the Army who were wounded in action against an enemy of the United States or as a direct result of an act of such enemy provided such wound necessitated treatment by a medical officer. BOARD DISCUSSION: The Board considered the applicant’s request with all supporting documents, evidence in the service record and applicable policies and guidance. The applicant’s WD AGO Form 53-55 shows he was wounded in action on 19 June 1944 in Germany. There is also a copy of the battle casualty report and the casualty telegram which shows he was injured. The preponderance of evidence shows the applicant meets all the criteria for the Purple Heart in accordance with Army Regulation 600-45 (Decorations). BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 * Adding the Purple Heart to his DD Form 214 ___________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. ADMINISTRATIVE NOTE(S): 1. The applicant’s record shows he is authorized the following awards: a. Bronze Star Medal (AR 600-8-22), states the Bronze Star Medal is to be awarded to individuals who were authorized the CIB for service during World War II. b. American Campaign Medal (AR 600-8-22), states the American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. c. WWII Victory Medal (AR 600-8-22), states the WWII Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. 2. Correct the applicant’s WD AGO Form 53-55 by adding the: * Bronze Star Medal * American Campaign Medal * WWII Victory Medal REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, provided that the Purple Heart was awarded to citizens of the United States serving with the Army who were wounded in action against an enemy of the United States or as a direct result of an act of such enemy provided such wound necessitated treatment by a medical officer. This regulation stated that for the purpose of considering an award of the Purple Heart, a "wound" is 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. 3. Army Regulation 600-8-22 (Military Awards) states: a. The Purple Heart is awarded for a wound sustained in action against an enemy or 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. b. 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. c. The American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946 under any of the following conditions: (1) On permanent assignment outside the continental limits of the United States. (2) 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. (3) Outside the continental limits of the United States in a passenger status or on TDY for 30 consecutive days or 60 nonconsecutive days. (4) In active combat against the enemy and was awarded a combat decoration or furnished a certificate by the Commanding General of a corps, higher unit, or independent force that the Soldier actually participated in combat. (5) Within the continental limits of the United States for an aggregate period of 1 year. d. The WWII Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. ABCMR Record of Proceedings (cont) AR20170015081 4 1