PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 August 2001
         DOCKET NUMBER: AR2001056045


         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Ms. Barbara J. Ellis		Member
Mr. John P. Infante		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.

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2. The applicant requests, in effect, that the Purple Heart (PH) he received be added to his records.

3. The applicant states, in effect, that he received a PH for injuries sustained in World War II and the award was not added to his separation document as it should have been.

4. The applicant’s military records were not available to the Board for review. A fire destroyed approximately 18 million service records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost in that fire.

5. The available evidence includes a War Department (WD) Adjutant General Office (AGO) Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge). This document verifies that the applicant was inducted into the Army of the United States (AUS) on 20 January 1944 and served on active duty until being honorably discharged, on 23 July 1945, in the rank of private first class (PFC).

6. The WD AGO Form 53-55 also indicates that the applicant arrived for duty in the European Theater of Operations (ETO) on 5 August 1944 and served there, as an Light Machine Gunner with the 60^th Infantry Regiment until 10 May 1945. In addition, it shows that he participated in the Rhineland campaign of World War II, and that during his active duty tenure he earned the Combat Infantryman Badge (CIB) and the European-African-Middle Eastern Theater Campaign Medal with 1 bronze service star. Block 34 (Wounds received in action) of the WD AGO 53-55 also contains an entry that indicates that he was wounded in action in Germany on 10 October 1944.

7. The applicant provided a copy of a Western Union telegram addressed to his mother from the The Adjutant General (TAG) of the Army, which notified her that he had been slightly wounded in action on 10 October 1944 in Germany. He also provided an extract from a newspaper that indicates he was wounded in Germany on 10 October 1944 and a TAG letter, dated 8 November 1944, addressed to his mother, which indicates that he had been returned to duty on
20 October 1944.

8. Also on file is a military record finding report from the National Archives and Records Administration (NARA), dated 18 May 2000. This document contains information from hospital admission cards created by the Office of the Surgeon General (OTSG) for the period 1942-1945. This report indicates that the applicant was treated as a battle casualty by medical personnel in October 1944, after having received a penetrating wound to the thorax from an artillery shell fragment.
9. The applicant also provided a copy of General Order (GO) Number 25, issued by Headquarters, 60^th Infantry Regiment, dated 5 October 1944, which confirms that he was awarded the CIB for exemplary conduct in action against the enemy in a major operation.

10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that the PH is awarded to any member of an Armed Force who, while serving in any capacity with one of the Armed Services after 5 April 1917, has been wounded or killed in action. The regulation defines a wound as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation. In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.

11. Paragraph 3-13 outlines the criteria for the award of the Bronze Star Medal (BSM). Paragraph 3-13d (2) states, in effect, that the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement was otherwise confirmed by documents executed prior to 1 July 1947. This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders.

12. The Army Good Conduct Medal (AGCM) was established by Executive Order 8809 on 28 June 1941 and was amended by Executive Order 9323 in 1943. Paragraph 4-4 establishes that in order to earn the AGCM, the character of service throughout a qualifying period must show a soldier willingly complied with the demands of the military environment; was loyal and obedient to superiors; faithfully supported the goals of the organization and the Army. Paragraph 4-5 defines periods of service which qualify for award of the AGCM and states, in pertinent part, that for the first award only a period of 1 year served entirely during the period between 7 December 1941 to 2 March 1946 is a qualifying period for the AGCM.

13. Paragraph 5-11 (World War II Victory Medal) indicates that the World War II Victory Medal was established by the act of Congress 6 July 1945 and is awarded for service between 7 December 1941 and 31 December 1946.

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14. Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II. The award listing contained in this source publication for the 60^th Infantry Regiment, the applicant’s unit in the ETO, confirms that the unit earned the Belgian Fourragere for the period 20 December 1944 through 26 January 1945, which was authorized in GO Number 43, issued in 1950.

CONCLUSIONS:

1. The Board noted the applicant’s contention that he earned the PH for wounds he received in the ETO during World War II and finds that this claim has merit. In addition, the Board concludes that the applicant is also eligible for the BSM, AGCM, World War II Victory Medal, and Belgian Fourragere, awards he did not specifically request in his application.

2. By regulation, in order to support awarding a member the PH, it is necessary to establish that the wound for which the award is being made required treatment by a medical officer. This treatment must be supported by records of the medical treatment for the wound or injury received in action, and must have been made a matter of official record. The Board finds that the medical casualty record pertaining to the applicant, provided by the OTSG and contained in the NARA report, along with the independent evidence he provided, sufficiently satisfies the burden of proof mandated by the regulation.

3. By regulation, the BSM is authorized for members of the Armed Forces of the United States who, after 6 December 1941, have been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy during World War II and that for this purpose the CIB is considered as a citation in orders. Given the fact that the applicant was awarded the CIB, the Board concludes that it would also be proper to award him the BSM based on this regulatory criteria.

4. The Board also concludes, although it was authorized subsequent to his separation, that the applicant should be awarded the AGCM for his exemplary conduct, efficiency, and fidelity during his service between 20 January 1944 and 23 July 1945, as evidenced by his separation document.

5. In addition, the Board concludes that the applicant is entitled to the World War II Victory Medal based on his service during the authorized period and the Belgian Fourragere, which was awarded to his unit, during his assignment tenure, for the period 20 December 1944 through 26 January 1945.

6. 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 by awarding the individual concerned the PH for a wound he received in action, on 10 October 1944, while serving as a PFC, in the ETO during World War II; by awarding him the BSM for meritorious achievement based upon his exemplary conduct in ground combat against an armed enemy during World War II; by awarding him the AGCM for his period of honorable service between 20 January 1944 and 23 July 1945; by awarding him the World War II Victory Medal for his service during the authorized period; by awarding him the Belgian Fourragere for his service with the 60^th Infantry Regiment during the period the award was earned; and by providing him a corrected separation document that reflects these changes.

BOARD VOTE:

__RJW _ __BJE __ __JPI___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond J. Wagner__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001056045
SUFFIX
RECON
DATE BOARDED	2001/08/02
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1945/07/23
DISCHARGE AUTHORITY	AR 615-365
DISCHARGE REASON	Certificate of Disability Discharge
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.