Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001058094C070420
Original file (2001058094C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 October 2001
         DOCKET NUMBER: AR2001058094


         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
Ms. Karol A. Kennedy Member
Mr. Richard T. Dunbar 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 reflect the correct date he was wounded and that he be issued all decorations to which he is entitled.

3. The applicant states, in effect, that his records show that he was wounded on 1 March 1945, when in fact he was wounded on 6 April 1945. He also states that he would like to receive all decorations to which he is entitled for his service during World War II (WWII) because all he received was the Combat Infantryman Badge (CIB). In support of his application he submits a copy of his report of separation (WD AGO Form 53-55) and a copy of a Western Union Telegram indicating that he was wounded on 6 April 1945.

4. The applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records. However, the documents submitted by the applicant show that he was inducted at Camp Forrest, Tennessee on 20 July 1944 and entered active duty on 21 July 1944.

5. He completed his training as an ammo handler and departed for the European Theater of Operations (ETO) on 1 January 1945. He was assigned to Company D, 1st Battalion, 393rd Infantry Regiment, 99th Infantry Division and participated in the Rhineland Campaign. He departed for the United States on 27 May 1945. He was honorably discharged at Wakeman Convalescent Hospital, Camp Atterbury, Indiana on 15 September 1945 in the rank of private first class. He was issued a Certificate of Disability for Discharge and his WD AGO Form 53-55 indicates that he was wounded in the foot at Wingeshausen, Germany on 1 March 1945. He was awarded the CIB and the European-African-Middle Eastern Campaign Ribbon with one bronze service star.

6. The telegram submitted by the applicant with his application is addressed to his wife and indicates that the applicant was slightly wounded in Germany on 6 April 1945.

7 Army Regulation 600-44, in effect at the time, provided the criteria for award of the Bronze Star Medal. That regulation 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.
8. Department of the Army Pamphlet 672-1 provides a by-unit listing of unit citations and campaign participation. It provides, in pertinent part, that the 393rd Infantry Regiment was awarded the Meritorious Unit Commendation (MUC) for the period of 10 November 1944 to 10 April 1945, per General Order 40, dated 15 May 1945.

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

10. Army Regulation 600-8-22 also 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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

CONCLUSIONS:

1. The Board finds that the evidence submitted by the applicant is sufficient to show that he was wounded on 6 April 1945 instead of 1 March 1945, as indicated on his WD AGO Form 53-55. Accordingly, it would be in the interest of justice to correct his records to reflect the correct date.

2. Although the applicant’s records clearly show that he was wounded in action against the enemy, there is no indication that he was ever awarded the Purple Heart for his wounds. Accordingly, the Board finds it in the interest of justice to do so at this time.

3. Likewise, the applicant was entitled to award of the Bronze Star Medal for meritorious service based on his award of the CIB and awards of the WWII Victory Medal and a MUC. Accordingly, he should be issued those awards and his records should be corrected accordingly.

4. 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 Purple Heart for wounds received in action against the enemy on 6 April 1945, the Bronze Star Medal for meritorious service based on his award of the CIB, the WWII Victory Medal and the MUC.

BOARD VOTE:

__rtd____ __mkp___ ___kak__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Margaret K. Patterson___
                  CHAIRPERSON




INDEX

CASE ID AR2001058094
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2001/10/02
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 189 110.0000/CORR 214
2. 61 107.0015/PH
3. 80 107.0034/MUC
4. 60 107.0014/BSM
5. 112 107.0066/WWII VIC MDL
6.


Similar Decisions

  • ARMY | BCMR | CY2009 | 20090013940

    Original file (20090013940.txt) Auto-classification: Approved

    The applicant requests correction of his record to show award of the Combat Infantryman Badge (CIB) and, in effect, award of the Prisoner of War (POW) Medal. Therefore, his records should be corrected to show award of the POW Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart with one oak leaf cluster, the CIB, the BSM based on the CIB, and the POW Medal; b. adding to item...

  • ARMY | BCMR | CY2009 | 20090017562

    Original file (20090017562.txt) Auto-classification: Approved

    The applicant requests that the records of her late husband, a former service member (FSM), be corrected to show award of the Bronze Star Medal (BSM), Purple Heart, Presidential Unit Citation, bronze arrowhead device, Parachutist Badge with two battle jump stars (correctly known as bronze service stars), and Combat Infantryman Badge (CIB). The applicant states the FSM participated in the Normandy, Rhineland, Ardennes, and Central Europe campaigns and is entitled to the BSM, Purple Heart,...

  • ARMY | BCMR | CY2009 | 20090012721

    Original file (20090012721.txt) Auto-classification: Approved

    The evidence of record shows the applicant was wounded in combat as a result of enemy artillery fire on 18 November 1944. Therefore, he is entitled to award of the Bronze Star Medal based on award of this Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart for wounds received in action on 18...

  • ARMY | BCMR | CY2001 | 2001065594C070421

    Original file (2001065594C070421.rtf) Auto-classification: Approved

    The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) to show that his military occupational specialty (MOS) was not 504 (Ammo Bearer), but 746 (Automatic Rifleman), and that he served in Belgium. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II. It also shows that the unit was awarded the Belgian Fourragere for...

  • 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 | CY2010 | 20100018571

    Original file (20100018571.txt) Auto-classification: Approved

    The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show he was a prisoner of war (POW). The applicant’s military records are not available. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Bronze Star Medal based upon award of the Combat Infantryman Badge; b. adding to item 33 of his WD AGO Form 53-55 the Bronze Star Medal and...

  • ARMY | BCMR | CY2009 | 20090021999

    Original file (20090021999.txt) Auto-classification: Approved

    The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show he was a prisoner of war (POW). The evidence of record shows he was awarded the Combat Infantryman Badge. He is therefore entitled to award of the Bronze Star Medal based on award of this Combat Infantryman Badge and correction of his records to show this award.

  • 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 | 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...