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ARMY | BCMR | CY1997 | 9711296
Original file (9711296.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 October 1998
         DOCKET NUMBER: AC97-11296


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Loren G. Harrell Director
Ms. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Samuel A. Crumpler Chairperson
Mr. James E. Vick Member
Mr. Luther L. Santiful Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests correction of his military records to show award of the Purple Heart.

3. The applicant states that he was awarded the Purple Heart while on active duty. In support of his application, he submits a copy of a newspaper article on his Prisoner of War (POW) status and award of the Purple Heart.

4. The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant was inducted on
26 February 1943. He served as a squad leader in the European Theater of Operations from 10 October 1943 through 24 May 1945 and was a German POW from 8 November 1944 until 6 May 1945. He was separated in the grade of E-6 with an honorable discharge on 1 November 1945.

5. The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) does not show the Purple Heart as an authorized award. The Board notes the applicant is eligible for the World War II Victory Medal and the Good Conduct Medal which are also not shown on the WD AGO Form 53-55.

6. There is no evidence in the applicant’s records that show he was awarded the Purple Heart or was wounded as a result of hostile action. Item 34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-55, which was authenticated in his own hand, states “None”.

7. Veterans Administration Adjudication Form 564 (Rating Sheet), dated
4 March 1946, shows the applicant received 10% for Trench Feet which incurred in service in World War II. The form also shows “NO COMBAT DISABILITY”.

8. There is no evidence of record that the applicant was recommended for or received the first award of the Good Conduct Medal. There also is no indication in the available records that the was disqualified from receiving this award.

9. DA Form 1577 (Authorization for Issuance of Awards) dated 5 October 1988, shows that the Army Reserve Personnel Center in St. Louis, Missouri, determined that the applicant was entitled to the POW Medal. This award is also not shown on the applicant’s WD AGO Form 53-55.

10. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.

11. Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

12. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

CONCLUSIONS:

1. Notwithstanding the applicant’s contention and the newspaper article indicating his award of the Purple Heart, there is no evidence that the applicant was wounded as a result of hostile action. Therefore, he is not entitled to correction of his military records to show award of the Purple Heart.

2. The applicant is entitled to the World War II Victory Medal for his service between 7 December 1941 and 31 December 1946.

3. The applicant is entitled to the first award of the Good Conduct Medal for the period of 26 February 1943 through 1 November 1945 based on completion of a period of qualifying service ending with termination of a period of Federal military service. Therefore, he is entitled to correction of his military records to show this award.

4. The applicant was awarded the POW Medal; therefore, he is entitled to this award.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the World War II Victory Medal, the first award of the Good Conduct Medal, and the POW Medal.

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

BOARD VOTE:

SAC___ JEV_____ LLS_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ______________________
                  CHAIRPERSON

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