PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 31 July 2001
         DOCKET NUMBER: AR2001057996


         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. 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.

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2. The applicant requests, in effect, that he be awarded the Purple Heart (PH).

3. The applicant states, in effect, that while he was serving in combat in Germany, as a mortar first gunner, his hand was smashed when he was helping the driver of his jeep attach the ammunition trailer to the jeep and a concussion shell landed nearby, which threw the trailer into the jeep with his hand in between. He claims that while being treated for a post traumatic stress disorder (PTSD) by the Department of Veterans Affairs (VA), test revealed he had lost 65 percent of his hearing and he was told his injury qualified him for the PH. He provides the following circumstances for the event that he claims supports his entitlement to the PH. His 3^rd gunner took him to the ambulance to be transported to the hospital after his hand was smashed but the driver would not let him in the ambulance while he was still carrying his pistol. He gave his weapon to his 3^rd gunner to keep while he was in the hospital. While he was away, the 3^rd gunner tried to clean his pistol and it accidentally went off killing the 2^nd gunner, who was his best friend. The 3^rd gunner was court-martialed for this incident and the records of these events should confirm his injury.

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 12 March 1943 and served on active duty until being honorably discharged, on 24 October 1945, in the rank of corporal.

6. The WD AGO Form 53-55 also indicates that the applicant served in the continental United States between 12 March 1943 and 14 October 1944 when he departed for the European Theater of Operations (ETO), where he arrived for duty on 25 October 1944. He served in the ETO as a Heavy Mortar Crewman with the 310^th Infantry Regiment until 1 October 1945, when he departed for the United States for separation processing.

7. In addition, the separation document shows that the applicant participated in the Rhineland, Ardennes, and Central Europe campaigns of World War II, and that during his active duty tenure he earned the Combat Infantryman Badge (CIB), European-African-Middle Eastern Theater Campaign Medal with
3 bronze service stars, and Good Conduct Medal. However, block 34 (Wounds received in action) contains a “None” entry that indicates he was never wounded in action during his active duty tenure.

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8. The record contains an Authorization for Issuance of Awards (DA Form 1577), dated 15 December 2000, which indicates the applicant was issued the following awards that had not been included in his separation document: Bronze Star Medal; Presidential Unit Emblem; American Campaign Medal; World War II Victory Medal; and Army of Occupation Medal-Germany.

9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions 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 Forces who, while serving in any capacity with one of the Armed Services after 5 April 1917, has been wounded or killed in action.

10. The awards 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. Paragraph 5-10 (Army of Occupation Medal) states, in pertinent part, that the Army of Occupation of Germany (exclusive of Berlin) is awarded to members who were assigned for 30 consecutive days between 9 May 1945 and 5 May 1955 and that service between 9 May and 8 November 1945 will be counted only if the European-African- Middle Eastern Campaign Medal was awarded for service before 9 May 1945.

13. Paragraph 5-11 (World War II Victory Medal) indicates that the World War II Victory Medal is awarded for service between 7 December 1941 and
31 December 1946. Paragraph 5-14 (American Campaign Medal) states, in pertinent part, that this award is authorized based on service within the continental limits of the United States for an aggregate period of 1 year between 7 December 1941 and 2 March 1946.

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 310^th Infantry Regiment, the applicant’s unit in the ETO, confirms that it earned a Presidential Unit Citation for service between
28 February and 9 March 1945, as authorized in War Department General Order Number 72, issued in 1945, which entitles the applicant to the Presidential Unit Emblem because he was serving with the unit during this period.

CONCLUSIONS:

1. Notwithstanding the contention of the applicant, after carefully examining the available evidence of record and the independent evidence submitted by the applicant, the Board finds an insufficient evidentiary basis on which to support awarding the PH.

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.

3. The available evidence contains no indication that applicant was ever wounded in action or that he was treated for a wound or injury received in action during World War II and he has failed to provide sufficient independent evidence to support his claim of entitlement to the PH. Therefore, the Board is compelled to deny this requested relief.

4. However, the Board does find that the applicant is entitled to the following awards based on his service and accomplishments during World War II, which were not included in his separation document and that it would be appropriate to add them to his record at this time: Bronze Star Medal; Presidential Unit Emblem; World War II Victory Medal; American Campaign Medal; and Army of Occupation Medal-Germany.

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

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned earned the following awards during his World War II service, in addition to those already listed in his separation document, Bronze Star Medal, Presidential Unit Emblem, World War II Victory Medal, American Campaign Medal, and Army of Occupation Medal-Germany; and that he be issued a corrected separation document that reflects these changes.

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

BOARD VOTE:

__WTM _ __AAO __ __JTM__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Walter T. Morrison__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001057996
SUFFIX
RECON
DATE BOARDED	2001/07/31
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1945/10/24
DISCHARGE AUTHORITY	AR 615-365
DISCHARGE REASON	Demobilization
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.