ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 October 2020 DOCKET NUMBER: AR20190006627 APPLICANT REQUESTS: correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the: * Combat Infantryman Badge * Purple Heart * Unknown "Hazardous Medal" APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 4 April 2019 * WD AGO Form 100 (Separation Qualification Record), dated 23 April 1946 * Army of the United States, Honorable Discharge Certificate, dated 23 April 1946 * WD AGO Form 53-55 * Department of Veterans Affairs Rating Decision, dated 11 March 2019 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 states he was a patient in an Army Hospital for 13 months and he did not keep any records. 3. The applicant'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 applicant's records were lost or destroyed in that fire, however, there was sufficient documents remaining in the applicant's reconstructed records for the Board to conduct a fair and impartial review of the case. 4. Review of the applicant's available service records show: a. His WD AGO Form 53-55 show he was inducted into the Army of the United States on 24 May 1944. b. His WD AGO Form 100 (Separation Qualification Record) shows he held military occupational specialties 745 (Rifleman) and 901 (Ammunition Handler). c. He departed continental United States (CONUS) on 26 January 1945 and he arrived in France (European Theater of Operations) on 6 February 1945. He departed France on 21 July 1945 and he arrived back in the U.S. on 27 July 1945. d. He was honorably separated from active duty on 23 April 1946. He completed 1 year, 4 months, and 28 days of Continental Service, and 6 months, and 2 days of Foreign Service. His WD AGO Form 53-55 shows in: * Item 30 (Military Occupational Specialty and Number) – Ammunition Handler, 901; * Item 31 (Military Qualification and Date – Marksman Marksmanship Qualification Badge with Rifle Bar (M-1); * Item 32 (Battles and Campaigns) – Rhineland and Central Europe; * Item 33 (Decorations and Citations) – * Army Good Conduct Medal * American Campaign Medal * European-African-Middle Eastern Campaign Medal * World War II Victory Ribbon * Army of Occupation Medal * Item 34 (Wounds Received in Action) – None; e. His available records are void of any medical documents or events leading to his admittance into the Hospital. f. The available records are void of any evidence he was awarded the Combat Infantryman Badge or the Purple Heart. 5. The applicant provided a letter from the Department of Veteran Affairs, dated 11 March 2019, which shows he was awarded a total combined service-connected disability rating of 40 percent and he is receiving payment at the 100 percent rate even though his combined service-connected evaluation was not 100 percent. His special monthly compensation is based on a service-connected loss of or loss of use of one or more specific organs or extremities; a combination of severe disabilities; and being 100 percent disabled and housebound, bedridden, or in the need of the aid and attendance of another person. BOARD DISCUSSION: The Board carefully considered the applicant’s request for correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the CIB, Purple Heart, and an Unknown "Hazardous Medal". After reviewing the application and all supporting evidence, the Board determined that no relief was warranted. The Board determined that no documentation was provided or found within the record showing the applicant was ever awarded or met the criteria for award of the requested awards. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 11/27/2020 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. 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 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 600-70 (Badges), dated 15 April 1948, stated the Combat Infantryman Badge was authorized for award to an infantry officer, warrant officer, or enlisted man who satisfactorily performed duty while assigned as a member of an infantry regiment or infantry battalion during any period such unit was engaged in active ground combat. Commanding officers of infantry regiments and separate infantry battalions were the award authorities. 2. 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 to any member who, while serving under competent authority in any capacity with one of the Army Services, has been wounded or killed or who has died or may hereafter die after being wounded: (1) In any action against an enemy of the United States; (2) In any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged; (3) While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party; (4) As a result of an act of any such enemy of opposing armed forces; (5) As a result of an act of any hostile foreign force; (6) Members killed or wounded by friendly fire. b. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. c. Some examples of enemy-related actions which justify eligibility for the Purple Heart are as follows: action. (1) Injur y cau sed by ene my bull et, shra pnel , or oth er proj ectil e crea ted by ene my (2) Injur y cau sed by ene my emp lace d trap , min e or oth er impr ovis ed expl osiv e device. (3) Injury caused by chemical, biological, or nuclear agent released by the enemy. (4) Injury caused by vehicle or aircraft accident resulting from enemy fire. (5) Smoke inhalation injuries from enemy actions that result in burns to the respiratory tract. (6) Concussions (and/or mild traumatic brain injury (mTBI)) caused as a result of enemy-generated explosions that result in either loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical finding, or impaired brain function for a period greater than 48 hours from the time of the concussive incident. . d. Some examples of injuries which do not justify eligibility for the Purple Heart are as follows: (1) Frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951). (2) Trench foot or immersion foot. (3) Heat stroke. (4) Food poisoning not caused by enemy agents. (5) Exposure to chemical, biological, or nuclear agents not directly released by the enemy. (6) Battle fatigue, neuro-psychosis and post-traumatic stress disorders. (7) Disease not directly caused by enemy agents. (8) Accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. (9) Self-inflicted wounds, except when in the heat of battle and not involving gross negligence. (10) First degree burns. (11) Airborne (for example, parachute/jump) injuries not caused by enemy action. (12) Hearing loss and tinnitus (for example: ringing in the ears, ruptured tympanic membrane). (13) mTBI that does not result in loss of consciousness or restriction from full duty for a period greater than 48 hours due to persistent signs, symptoms, or physical finding of impaired brain function. (14) Abrasions or lacerations (unless of a severity requiring treatment by a medical officer). (15) Bruises or contusions (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer). (16) Soft tissue injuries (for example, ligament, tendon or muscle strains, sprains, and so forth). 4. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders. It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment. //NOTHING FOLLOWS//