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Decision Text

ARMY | BCMR | CY1996 | 9608900C070209
Original file (9608900C070209.txt) Auto-classification: Approved
2.  The applicant requests correction of his military records to show that he enlisted in June 1944, that he was awarded the Expert Infantryman Badge in April 1944 and that he was a POW from August 1944 until May 1945.  He also notes that he should be awarded the French Croix de Guerre and that his records should be corrected to reflect that he was wounded on 7 August 1944 and that his medical records be corrected to show that he suffered from frostbite, phlebitis, amebic dysentery and malnutrition while in captivity.

3.  His records were apparently lost or destroyed as a result of the 1973 fire at the National Personnel Records Center.  However, information reconstructed from documents provided by the applicant or contained in his VA files indicates he enlisted in the Army Reserve on 1 June 1942 while attending college Brookings, South Dakota.  He was apparently called to active duty on 6 April 1943 to attend Officer Candidate School at Fort Hood, Texas and was discharged for the purpose of accepting a commission on 
15 July 1943.  An honorable discharge certificate was issued reflecting his separation from enlisted status on 15 July 1943.

4.  He entered active duty as an officer on 16 July 1943 and on 8 April 1944, prior to departing for the European Theater of Operations, was awarded the Expert Infantryman Badge.  He arrived in the European Theater in May 1944 and was assigned to Company B, 823rd Tank Destroyer Battalion.

5.  The applicant’s unit was awarded the French Croix de Guerre for the period 6 August through 12 August 1944 and a Distinguished Unit Citation (now referred to as a Presidential Unit Citation) for actions on 7 August 1944.  He was captured on 8 August 1944 and remained a POW until 
2 May 1945.  He departed Europe on 24 May 1945 and arrived in the United States on 10 June 1945.

6.  Following the applicant’s return to the United States he was assigned to Company C, 137th Battalion, 83rd Infantry Regiment and on 29 November 1945 underwent a physical examination at Camp Joseph T. Robinson, Arkansas.  The examination noted the applicant sustained frozen feet while in captivity and was awarded a Purple Heart for the frost bite injury.  No other specific medical ailments were recorded.

7.  On 23 January 1946 the applicant was released from active duty as a result of demobilization.  His separation document notes his frostbite injury and award of the Purple Heart.  It does not reflect either unit award or entitlement to the Expert Infantryman Badge.  He was awarded the POW Medal in 1988.

CONCLUSIONS:

1.  The evidence of record confirms the applicant is entitled to the French Croix de Guerre, a Presidential Unit Citation, and the Expert Infantryman Badge and his records should be corrected accordingly.

2.  There is no evidence, and the applicant does not provide any which supports his contention that he was wounded prior to his captivity.

3.  The applicant available records clearly document that he initially became a member of the Army Reserve in June 1942 and that he was a POW for 8 months during World War II.  As such additional changes to his records in these two areas are not required.

4.  There is no medical evidence to support the applicant’s request to, in effect, amend his service medical records to reflect that he suffered from additional medical ailments, other than frost bite, while in captivity.  Additionally, it is not the policy of the Board to create or alter service medical records.  Such records merely reflect the observations and opinions of medical examiners at the time they were recorded.  Subsequent interpretations of these records fall within the jurisdiction of the agency administering benefits based on the facts recorded.  The decision to grant such benefits is a matter strictly within the authority of that particular agency.

5.  In view of the foregoing, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

	a.  by showing that the individual concerned was awarded the Expert Infantryman Badge; and

	b.  by showing that he is entitled to the French Croix de Guerre and Presidential Unit Citation.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON

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