Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001055834C070420
Original file (2001055834C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 August 2001
         DOCKET NUMBER: AR2001055834


         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. Carl W. S. Chun Director
Mr. Jessie B. Strickland Analyst

The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Thomas B. Redfern, III Member
Ms. Regan K. Smith 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 that his records be corrected to show his award of the Purple Heart.

3. The applicant states that he was awarded the Purple Heart for a head injury he suffered on 1 March 1945; however, it was never entered on his report of separation (WD AGO Form 53-55). He further states that he was awarded the medal on the date of his discharge by a Major Rodgers. In support of his application he submits a copy of medical documents showing that he received a mild concussion from shrapnel on 1 March 1945 and was treated at the aid station. He also submits a copy of his WD AGO Form 53-55.

4. The applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis. However, information contained in the documents provided by the applicant as well as reconstructed records show that he was inducted on 22 January 1942. He departed for the European-African-Middle Eastern Theater (EAMET) on 22 January 1945 and participated in the Rhineland and Central Europe Campaigns with the 311th Infantry.

5. He was promoted to the rank of sergeant, was awarded the Combat Infantryman Badge (CIB) and was wounded on 1 March 1945. He departed the EAMET on 15 November 1945 and was honorably discharged at Fort Leavenworth, Kansas on 29 November 1945. His WD AGO Form 53-55 shows that he was wounded, but shows no indication of his award of the Purple Heart. It also shows that he was awarded the Good Conduct Medal and the CIB.

6. In 1984 the Army Reserve Component Personnel Administration Center (RCPAC) directed that the applicant be issued the Bronze Star Medal based on his award of the CIB. However, there is no indication that his records were ever corrected to reflect that award.

7. Army Regulation 600-8-22 serves as the authority for decorations and awards. It provides, in pertinent part, that the World War II (WW II) Victory Medal was established by the act of Congress 6 July 1945 (59 Stat 461). It was awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

8. Army Regulation 600-8-22 provides, in pertinent part, that 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 (CIB) or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

9. Army Regulation 600-8-22 also states, in pertinent part, that the Army of Occupation Medal (Germany) is awarded for service for 30 consecutive days at a normal post of duty while assigned to the Army of Occupation of Germany (exclusive of Berlin) between 9 May 1945 and 5 May 1955.

10. Department of the Army Pamphlet 672-1 serves as a unit citation and campaign participation register. It states, in pertinent part, that the 311 Infantry was awarded occupation status for Germany for the period of 20 May to 31 October 1945.

11. Army Regulation 600-8-22 also states that the European-African-Middle Eastern (EAME) Campaign Medal is awarded for service in the EAMET between 7 December 1941 and 8 November 1945. One bronze service star is awarded for each campaign participation.

CONCLUSIONS:

1. The available evidence of record clearly shows that the applicant sustained a wound on 1 March 1945 in the EAMET that was treated by medical personnel and that qualified for award of the Purple Heart. Inasmuch as the applicant claims that he was awarded the Purple Heart that he was entitled to receive; it is reasonable to presume that an administrative error resulted in the applicant’s records being prepared without it being reflected at the time of separation. Therefore, it would be in the interest of justice to correct the error at this time.

2. Although the authorization to award members the WWII Victory Medal was not enacted until after the applicant separated from the service, he nevertheless should have received the award based on his having served during WWII. Therefore, it would also be in the interest of justice to correct the administrative oversight at this time.

3. Inasmuch as the RCPAC has previously authorized the award of the Bronze Star Medal, it would be appropriate at this time to add the award to his records.

4. The applicant also qualifies for award of the EAME Campaign Medal with two bronze service stars and the Army of Occupation Medal (Germany). Accordingly, it would also be in the interest of justice to award those medals at this time as well.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

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

a. by awarding the individual concerned the World War II Victory Medal, the EAME Campaign Medal with two bronze service stars and the Army Occupation Medal (Germany); and

         b. by showing that he was awarded the Purple Heart, the Bronze Star Medal, the World War II Victory Medal, the Army Occupation Medal (Germany) and the EAME Campaign Medal with two bronze service stars on his report of separation.

BOARD VOTE:

___tbr___ _mkp ___ ___rks __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Margaret K. Patterson___
                  CHAIRPERSON




INDEX

CASE ID AR2001055834
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2001/08/07
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 189 110.0000/CORR 214
2. 60 107.0014/BSM
3. 61 107.0015/PH
4. 111 107.0065/EAME
5. 112 107.0066/WWII VIC MDL
6. 113 107.0067/AOM


Similar Decisions

  • ARMY | BCMR | CY2010 | 20100019029

    Original file (20100019029.txt) Auto-classification: Approved

    His military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the BSM based on his receipt of the CIB, and b. adding the BSM and AOM with Germany clasp to item 33 of his WD AGO Form 53-55. As a result, the Board recommends denial of so much of the application that pertains to awarding the WWII Victory Medal and adding campaign credit for the “Battle of...

  • ARMY | BCMR | CY2009 | 20090003165

    Original file (20090003165.txt) Auto-classification: Approved

    Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 shows he earned the following awards during his active duty tenure: EAME Campaign Medal, Army Good Conduct Medal (AGCM), WWII Victory Medal, and American Theater Ribbon. The evidence also confirms that based on being held as a POW during WWII from 16 December 1944 through 2 April 1945, the applicant is eligible for the POW Medal, which should also be awarded and added to his reconstructed record and WD AGO Form 53-55...

  • ARMY | BCMR | CY2008 | 20080012790

    Original file (20080012790.txt) Auto-classification: Approved

    The effective date for award of the CIB was 9 February 1945. On 3 December 1948, the War Department awarded the applicant the Bronze Star Medal based on his award of the CIB. The applicant was awarded the CIB, the BSM and the Good Conduct Medal for his service during WWII.

  • ARMY | BCMR | CY2009 | 20090013059

    Original file (20090013059.txt) Auto-classification: Approved

    Chapter 5 of the awards regulation contains guidance on service medals and service ribbons. Therefore, it would be appropriate to correct item 32 of his WD AGO Form 53-55 to reflect all eight campaigns identified and to correct item 33 by adding the DUC 1st Oak Leaf Cluster (2nd Award), Army Occupation Medal with Germany Clasp, and 1 silver service star, 3 bronze service stars and 1 bronze arrowhead with his EAME Campaign Medal. As a result, the Board recommends that all Department of the...

  • ARMY | BCMR | CY2004 | 20040011576C070208

    Original file (20040011576C070208.doc) Auto-classification: Denied

    The applicant’s military records are not available to the Board for review. He departed the EAMET of Operations on 30 September 1945 and was transferred to Fort Gordon, Georgia, where he was honorably discharged on 14 October 1945. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by awarding him the WWII Victory Medal, the Army Occupation Medal – Germany, the American Campaign Medal and one silver service star for...

  • ARMY | BCMR | CY2008 | 20080007956

    Original file (20080007956.txt) Auto-classification: Approved

    The applicant requests, in effect, that his report of separation (WD AGO Form 53-55) be corrected to reflect the two noncommissioned officer (NCO) courses he attended, all of his campaigns and battles, his awards of the Expert Infantryman Badge (EIB) and the Combat Infantryman Badge (CIB), and his participation in the North Appennies campaign. His records show that he participated in the Rome Arno campaign, that he was wounded in the MTO on 27 December 1944 and that he was awarded the...

  • ARMY | BCMR | CY2002 | 2002073598C070403

    Original file (2002073598C070403.rtf) Auto-classification: Approved

    The applicant, the son of a deceased former service member (FSM) requests that his father’s WD AGO 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) be corrected to show award of the Combat Infantryman Badge (CIB), the Bronze Star Medal, the National Defense Service Medal (NDSM), the American Defense Service Medal (ADSM), the World War II Victory Medal, the Meritorious Unit Citation (MUC), the Presidential Unit Citation (PUC), the qualifications for Pistol and Rifle, the...

  • ARMY | BCMR | CY2009 | 20090016439

    Original file (20090016439.txt) Auto-classification: Approved

    The applicant's military record is not available to the Board for review. Absent any derogatory information or unit commander disqualification on his WD AGO Form 53-55 or in his NPRC file, it would be appropriate and serve the interest of equity and justice to award the applicant the AGCM for his qualifying honorable active duty service from 18 January 1943 through 1 November 1945, and to add this award to his WD AGO Form 53-55. As a result, the Board recommends that all Department of the...

  • ARMY | BCMR | CY2011 | 20110013274

    Original file (20110013274.txt) Auto-classification: Approved

    Therefore, the BSM is to be awarded to individuals who were authorized the CIB for service during WWII. The evidence also shows that during his tenure of assignment, the applicant’s unit received participation credit for the Ardennes-Alsace, Central Europe, and Rhineland campaigns of WWII and as a result, item 32 of his WD AGO Form 53-55 should be corrected accordingly. As a result, there is insufficient evidence to support a correction of the record to show a 2nd award of the BSM.

  • ARMY | BCMR | CY2012 | 20120009626

    Original file (20120009626.txt) Auto-classification: Approved

    The applicant requests that the records of her deceased father, a former service member (FSM), be corrected to show he was awarded the Bronze Star Medal (BSM), European-African-Middle Eastern Campaign Medal with three bronze service stars, Army of Occupation Medal with Germany clasp, and the French Croix de Guerre with Palm. The FSM's military records are not available for review. His WD AGO Form 53-55 issued at the time of his discharge shows that he participated in the Rhineland and...