Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001057200C070420
Original file (2001057200C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 31 July 2001
         DOCKET NUMBER: AR2001057200


         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. Lee Cates Analyst


The following members, a quorum, were present:

Mr. Walter T. Morrison Chairperson
Mr. Arthur A. Omartian Member
Mr. John T. Meixell 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 entitlement to award of the Purple Heart (PH).

3. The applicant states that he was in a house that was completely blown up (15 March 1945) by German artillery. He now wears a hearing aid (20 March 2001), which was issued by the Department of Veterans Affairs.

4. The applicant’s military records show that he was inducted into the Army of the United States on 20 May 1944.

5. During the period 25 November 1944 to 8 June 1946, he served in the European Theater of Operation, to include travel to and from the theater.

6. On 23 January 1945, Special Orders Number 11, Headquarters, 232d Infantry announced award of the Combat Infantryman Badge (CIB), effective 5 January 1945, in Hofghstein, Austria.

7. On 12 June 1946, a physical examination cleared the applicant for separation. At that time is sight was 20/20 and his hearing was 15/15.

8. On 13 June 1946, he was honorably separated under Army Regulation 615-365, based on the convenience of the Government and demobilization. His separation document indicates he had 2 years and 24 days of creditable service. His separation document shows his entitlement to award of the Good conduct Medal, the Army of Occupation Medal for Germany, the European-African-Middle Eastern Campaign Medal with two bronze service stars for the Central Europe and Rhineland campaigns, and the World War II Victory Medal.

9. Army Regulation 600-8-22 provides, in pertinent part, that the PH 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.

10. War Department Circular 269-1943 established the CIB to recognize and provide an incentive to infantrymen. The CIB was awarded for exemplary conduct in action against the enemy. War Department Circular 186-1944 further provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.

11. Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal (BSM) is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The BSM 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 CIB or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the BSM is to be awarded to individuals who were authorized either badge for service during World War II.

CONCLUSIONS:

1. There is no evidence that the applicant met the regulatory requirements for award of the PH; therefore, he is not entitled to that award.

2. The evidence of record shows the applicant was awarded the CIB and his records should be corrected accordingly.

3. Additionally, based on award of the CIB, the applicant is also entitled to award of the BSM and his records should be corrected accordingly.

4. In view of the foregoing, the applicant’s records should be corrected 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 CIB and the BSM, based on award of the CIB.

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

BOARD VOTE:

_wtm____ _jtm_____ _aao___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  Walter T. Morrison
                  _______________________
                  CHAIRPERSON


INDEX

CASE ID AR2001057200
SUFFIX
RECON
DATE BOARDED 20010731
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2004 | 20040002058C070208

    Original file (20040002058C070208.doc) Auto-classification: Approved

    Powers | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that the WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) of his deceased father, hereafter known as the former service member (FSM), be corrected to show award of the Purple Heart (PH). Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates that the...

  • ARMY | BCMR | CY2012 | 20120006666

    Original file (20120006666.txt) Auto-classification: Approved

    In a letter to U.S. Army TACOM, dated 16 March 2012, he requested award of the PH, CIB, and BSM for his service during World War II. He served in MOS 055 from 5 November 1945 through 19 October 1946 with the 15th Constabulary Regiment. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the PH for wounds received as a result of hostile action in Belgium on 26 November 1944 * adding to his DD Forms 214 ending...

  • ARMY | BCMR | CY2006 | 20060014301C071029

    Original file (20060014301C071029.doc) Auto-classification: Denied

    The applicant's Separation Qualification Record (WD AGO Form 100), which was prepared on him during his separation processing, confirms he served in MOS 345 for 18 months and that he performed duties in this MOS as a truck driver while overseas and his reconstructed record is void of any documents or orders that indicate he was ever recommended for or awarded the CIB, BSM, or PH by proper authority while serving on active duty. However, by regulation, in order to support award of the...

  • ARMY | BCMR | CY2009 | 20090001190

    Original file (20090001190.txt) Auto-classification: Approved

    The applicant requests, in effect, that his record and separation document (WD AGO Form 53-55) be corrected to add the Purple Heart he was awarded for being wounded in action in Germany in September 1944, and by providing him the correct disability compensation due from the date of his discharge in 1945. Although this treatment record does not indicate the injury was battle related, a WD AGO Form 106, dated 29 November 1945 and War Department Letter Order, dated 4 January 1946, published by...

  • ARMY | BCMR | CY2002 | 2002082516C070215

    Original file (2002082516C070215.rtf) Auto-classification: Approved

    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. The applicant requests that he be awarded the Bronze Star Medal (BSM) based on his award of the Combat Infantryman Badge (CIB). Since the applicant was properly awarded the CIB, he is also entitled to the BSM.

  • ARMY | BCMR | CY2012 | 20120002128

    Original file (20120002128.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II. The applicant’s request that his record be corrected to show award of the PH and CIB and that he be awarded the BSM based on receipt of the CIB has been carefully considered.

  • ARMY | BCMR | CY2003 | 2003091579C070212

    Original file (2003091579C070212.doc) Auto-classification: Approved

    The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant’s military records are not available to the Board for review. A review of all available records confirms the applicant's entitlement to the PH and CIB.

  • ARMY | BCMR | CY2004 | 20040011210C070208

    Original file (20040011210C070208.doc) Auto-classification: Approved

    e. A copy of a "V-Mail" letter from the FSM to the applicant, dated 28 February 1945. Therefore, the BSM is to be awarded to individuals who were authorized the CIB for service during World War II. Records show the applicant should have discovered the error or injustice now under consideration on 4 March 1945, the date of his separation from active duty.

  • ARMY | BCMR | CY2003 | 2003089360C070403

    Original file (2003089360C070403.rtf) Auto-classification: Approved

    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. The available evidence shows that the applicant was inducted into the Army of the United States on 31 May 1944 and served until honorably discharged on 9 October 1945, a total of 1 year, 4 months, and 10 days. The Board determined that the evidence presented was sufficient to warrant a recommendation for...

  • ARMY | BCMR | CY2002 | 2002073404C070403

    Original file (2002073404C070403.rtf) Auto-classification: Approved

    The applicant requests that Item 6, Organization, of his WD AGO Form 53-55, Enlisted Record and Report of Separation Honorable Discharge, be corrected from reading “Company B, 52 nd Armored Infantry Battalion,” to “26th Infantry Regiment, 2 nd Platoon.” His WD AGO Form 53-55 shows he was awarded the SS, the PH, the Good Conduct Medal, and the European-African-Middle Eastern Campaign Medal. The applicant is also entitled to the American Campaign Medal since he served in the United States...