IN THE CASE OF: BOARD DATE: 24 January 2023 DOCKET NUMBER: AR20220002048 APPLICANT REQUESTS: the records of his deceased great uncle, a former service member (FSM), be corrected to show awards of the: * Bronze Star Medal with 1st oak leaf cluster * Purple Heart * Army Good Conduct Medal * American Campaign Medal APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * February 2021 response from the U.S. Army Human Resources Command * American Campaign Medal internet printout * Certificates for award of the Purple Heart and Bronze Star Medal * Applicant’ birth certificate * FSM Death Certificate * Email exchange and/or letters FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 believes the former service member (FSM) is entitled to the following awards: Bronze Star Medal with 1st oak leaf cluster, Purple Heart, Army Good Conduct Medal, and American Campaign Medal. He believes the FSM is entitled to American Campaign Medal based on being outside the Continental US for more than 30 days and awarded Combat Award (Combat Infantryman Badge); the Army Good Conduct Medal based on one year of faithful service and served almost 3 years; the Purple Heart for wounds sustained during Battle of the Bulge; and the Bronze Star w/OLC for being awarded the Combat Infantryman Badge, and for D-Day. 3. The FSM's 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 in 1973. It is believed his records were lost or destroyed in that fire. However, the documents the applicant provided were sufficient to conduct a fair and impartial review of this case. 4. The FSM’s WD AGO Form 53-55 shows he was inducted into the Army of the United States on 16 December 1942. and he entered active duty at Fort Meade, MD on 30 December 1942. At the time of his separation: * he held military occupational specialty (MOS) 745, Squad Leader * he was assigned to Company A, 506th Parachute Infantry 5. His WD AGO Form 100 (Separation Qualification Record) shows the following entries: Following 3 months of service in MOS 521 (Infantry Basic), he held MOS 604, Light Machine Gunner for 10 months and MOS 745, Squad Leader for 20 months. He was in charge of rifle squad, of 10 men; he assigned men to various duties; kept rosters of men and gave them orders and information; trained and instructed men in use of weapons; and taught use of light machine gun, automatic rifle, rocket launcher, bayonet drill, and hand grenades. 6. His WD AGO Form 53-55 also shows he departed the continental United States on 5 September 1943 and arrived in England (European Theater of Operations (ETO)) on 14 September 1943. He departed the ETO on 4 November 1945 and arrived in the continental United States on 15 November 1945. 7. He completed 7 months and 28 days of continental service and 2 years, 2 months, and 11 days of foreign service. He was honorably separated at Indiantown Gap, PA on 19 November 1945. His WD AGO Form 53-55 shows in: * Item 31 (Military Qualifications and Date), he was awarded the Combat Infantryman Badge and Parachute Wings (Badge) * Item 32 (Battles and Campaigns), during his service in World War II, he participated in the Normandy, Rhineland, Ardennes, and Central Europe campaigns * Item 33 (Decorations and Citations) and item 55 (Remarks), he was awarded or authorized the: World War II Victory Medal, Distinguished Unit Badge with oak leaf cluster, European African Middle-Eastern Campaign Medal with 4 bronze service stars and one bronze Arrowhead * Item 34 (Wounds Received in Action), the entry "None" 8. The Information from Hospital Admission Cards created by the Office of The Surgeon general shows the FSM was hospitalized on 4 occasions: * December 1943, disease, 130th Station Hospital, scabies and acute nasopharyngitis * May 1944, injury (non-battle), sprain of joint, parachute jump, 68th General Hospital * June 1944, injury (non-battle), readmission for rupture of ankle joint, 16th General Hospital * March 1945, disease, deformities due to previous injury of fibula, lower extremity 9. The applicant provides: a. A letter or email dated 25 October 2004, from Mr. who states they had their company reunion the week before last and had a luncheon where he was trying to pick up information on the FSM. He can assure the receiver that Uncle (FSM) was indeed a paratrooper. His name appears on Company rosters from before the Normandy and Holland Invasions. Though he is a bit confused, neither the orders awarding the Combat Infantryman Badge for the men who jumped in Normandy or the Bronze Arrowhead Orders for the men who jumped into Holland show [FSM’s] name. He does not know why. Perhaps he was left in the back to take care of the men's stuff he and joined them later in battle. He knows [FSM] was in the Battle of the Bulge because he saw him after he had been wounded. He wrote of him in his book for his family "The Aid Station was in a monastery on the other side of town. As I walked among the casualties, I recognized one as a man named [FSM’s last name]. He had been wounded in the arm and was now delirious and shell shock. He kept yelling that someone was stealing his jump boots. I reassured him that he was still wearing them, so he would not reinjure his wounded arm. Then getting tired of this, I left him." The guy at the luncheon seemed to recall the FSM was musically inclined, He could play an instrument by ear. Whether or not that’s him or another guy, he (the author) cannot say. He is sorry he could not provide any more information on the FSM. b. Another email or letter dated 10 April 2003, from Mr. who states the FSM was a paratrooper. He served in Company A, 506th. He first remembers meeting the FSM in Mourmelon right before they left for Bastogne. The FSM was in the third platoon and he (the author) was in the second. He remembers the FSM was a body builder and a talented musician. He remembers when they were fighting in Noville, he saw him being treated by one of their medics,. The next time he saw the FSM was after the 4th Armored broke through to their lines. He was in a group of replacements. He had his arm in a sling. He said "[FSM’s name] why don’t you go back to the hospital?" The FSM said, "I'd rather be with the guys". He wrote about the FSM in his book “Beyond the Rhine” where he got in a fist fight with a SS Officer and there is a photo of him playing the guitar. If he finds out anymore, he will share. 10. The applicant provides two certificates, without permanent or general orders, or the authority that issued those certificates: a. First certificate states it was issued on 15 January 1945 and shows the FSM was awarded the Purple Heart for military merit and for wounds received in action on 20 December 1944, while a member of 506th Parachute Infantry Regiment, 101st Airborne Division, Noville-les-Bastogne, village in the municipality of Bastogne, Luxemburg Province, Belgium. a. A second certificate, states it was issued on 5 July 1945 and shows the FSM was awarded the Bronze Star Medal for meritorious achievement in operations against a hostile forces while with the 506th Parachute Infantry Regiment, 101st Airborne Division, Able Company for the Allied Invasion of France. 11. On 18 May 2018, the Awards and Decorations Branch at the U.S. Army Human Resources Command (HRC) wrote to the applicant in response to his request concerning his late uncle, the FSM’s entitlement to several military awards. a. Based on review of the provided documentation, the FSM’s reconstructed military personnel file, and additional resources available to this office, they have verified his entitlement to the Bronze Star Medal and Army of Occupation Medal with Germany Clasp. His award of the Bronze Star Medal is based on his prior award of the Combat Infantryman Badge as authorized by General Orders 4, Headquarters, 506th Parachute Infantry, dated February 6, 1945. There is no regulatory authorization for Soldiers who served with the 101st Airborne Division to receive an award of the Bronze Star Medal as he indicated on his request. b. The enclosed DD Form 215 (Correction to Report of Separation) amends the FSM’s WO AGO Form 53-55 (Report of Separation) (copy enclosed) to reflect his entitlement to these awards. The Awards Branch notes the European-African-Middle Eastern Campaign Medal with Arrowhead Device and four Bronze Service Stars and Presidential Unit Citation (formerly known as the Distinguished Unit Badge) with one Bronze Oak Leaf Cluster are currently annotated on his WO AGO Form 53-55; accordingly, no correction is necessary. c. With regard to the Purple Heart, Army Good Conduct Medal, and American Campaign Medal, the Awards Branch is unable to verify the FSM’s entitlement to these awards. (1) The statutory and regulatory criteria governing award of the Purple Heart require it to be authorized to Soldiers who are wounded as a result of enemy action. The wound must have required treatment by a medical officer and been made a matter of official record. In this capacity, his WO AGO Form 53-55 does not indicate he was previously authorized the award or incurred any wounds in action. Further, while it is known based on documentation contained in his reconstructed military personnel file, that he was admitted to a military hospital on four occasions, none of the admissions were for battle related injuries. Without official documentation reflecting his treatment by a medical officer for wounds incurred as a result of enemy action or orders authorizing award of the Purple Heart, they are unable to take favorable action. (2) The decision to award the Good Conduct Medal to a Soldier rest with the commander of the unit to which the Soldier was assigned at the time eligibility was attained. The Awards Branch places trust in commanders to make these decisions because they have firsthand knowledge of the Soldier's performance and accomplishments. Without official documentation indicating the FSM’s commander intended to award him the Army Good Conduct Medal, the Awards Branch will be unable to take favorable action. (3) As to the American Campaign Medal, the regulatory criteria for the award state it is authorized for service within the American Theater during the period of December 7, 1941 to March 2, 1946, under any one of several qualifying conditions. Based on the available documentation, the FSM was not previously authorized the award, nor does he meet the regulatory criteria for the award. 12. On 22 May 2018, HRC issued him a DD Form 215 that added the Bronze Star Medal and Army of Occupation Medal (Germany). 13. On 2 February 2021, the U.S. Army Human Resources Command wrote to the applicant in response to his inquiry concerning the military awards entitlement of his deceased great uncle, the FSM. a. HRC remains unable to facilitate his request. As stated in their correspondence dated January 15, 2020, they require an original general order authorizing an individual award of the Bronze Star Medal to the FSM. While they previously advised him to contact the National Archives in concerning this matter, they must point out their research room is currently closed to the public due to COVID-19. Likewise, they have not yet received any official military documentation confirming the FSM had been wounded as a direct result of enemy action; as such, they are still unable to verify he meets the regulatory criteria for award of the Purple Heart. b. Moreover, they remain unable to authorize the Army Good Conduct Medal for issuance. There is still no available military documentation indicating that the FSM’s unit commander had intended to recognize him with this award. Finally, they must reiterate he did not serve the requisite period of time in the American Theater to justify an award of the American Campaign Medal. Please see the enclosed Army Regulation citing the requirements for this award, with an actual map outlining the boundaries of the American Theater. As demonstrated, the American Theater extends beyond the Continental United States. The American Campaign Medal was designed to recognize qualifying service within the boundaries of this designated geographical area, similar to the European-African-Middle Eastern Campaign Medal having been established to recognize service in those respective areas. If he or the primary next of kin believed this response is unfair or unjust, their next course of action is to appeal to the ABCMR. 14. AR 15-185 (Army Board for Correction of Military Records) states ABCMR members will review all applications that are properly before them to determine the existence of an error or injustice. The ABCMR will decide cases on the evidence of record. It is not an investigative body. An applicant has the burden of proof. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. a. The Purple Heart require it to be authorized to Soldiers who are wounded as a result of enemy action. The wound must have required treatment by a medical officer and been made a matter of official record. The FSM’s WO AGO Form 53-55 does not indicate he was wounded in action. Further, the Information from Hospital Admission Cards created by the Office of The Surgeon General shows the FSM was hospitalized on 4 occasions; however, none of the admissions were for battle related injuries. The Board determined the criteria for award of the Purple Hear is not met. b. The Bronze Star Medal is authorized for a Soldier 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 is considered to be a citation in orders. The FSM was awarded the Bronze Star Medal and it is already added to his records via a DD Form 215. There is no evidence he was recommended/awarded a second award of the Bronze Star Medal. c. The Army Good Conduct Medal is awarded by the unit commander at the time eligibility was attained. Without additional documentation, at least showing his conduct and efficiency ratings, or official documentation indicating the FSM’s commander intended to award him the Army Good Conduct Medal, the Board found insufficient evidence to award him this medal. d. The FSM does not meet the criteria for award of the American Campaign Medal. This medal is authorized for service within the American Theater during the period of 7 December 1941 to 2 March 1946, under any one of several qualifying conditions. Based on the available documentation, the FSM was not previously authorized the award, nor does he meet the regulatory criteria for the award. 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: 1. 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. 2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. 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, 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 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. 2. The Purple Heart was established by General George Washington at Newburgh, NY on 7 August 1782 during the Revolutionary War. It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932. It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action. Effective 19 May 1998, award of the Purple Heart is limited to members of the Armed Forces of the United States. Army Regulation 600-8-22 (Military Awards) states 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. When contemplating an award of the Purple Heart the key issue commanders must take into consideration is the degree to which the enemy caused the injury. 3. Army Regulation 600-8-22 (Military Awards) states 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. 4. Army Regulation 600-68 (Good Conduct Medal), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, completed 1 year of continuous active Federal military service while the United States was at war. The award would not be made to an enlisted man whose records, during the required period of service, disclosed a conviction by any court-martial, or to one whose character or efficiency was rated below “excellent.” The fact that an enlisted man was recommended for or received an Army Good Conduct Medal or clasp would be noted under “remarks” of the discharge certificate. 5. Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220002048 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1