PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 November 2001
         DOCKET NUMBER: AR2001058386


         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
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Lester Echols		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, two awards of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster), two awards of the Bronze Star Medal (correctly known as the Bronze Star Medal with First Oak Leaf Cluster), the Silver Star and the Combat Medical Badge.

3. The applicant’s request for award of the Silver Star was addressed by separate correspondence to the applicant. Therefore, this issue will not be discussed further in these Proceedings.

4. The applicant also requested 30 percent disability as of the date of his discharge. However, prior to 1 October 1949, on which date the Career Compensation Act of 1949, Public Law 351, 81st Congress, became effective, there was no provision of law whereby an enlisted man with less than 20 years of service could be discharged with severance pay or be retired by reason of physical disability. Under then existing law, compensation for service-connected disabilities was entirely under the jurisdiction of the Department of the Veterans Affairs. Therefore, this issue will not be discussed further in these Proceedings.

5. The applicant states that he should have received these medals for his duty during World War II and when he was missing in action.

6. The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant was inducted on
26 February 1941. He served as a medical noncommissioned officer in the Asiatic-Pacific Theater of Operations and the European Theater of Operations and was honorably discharged on 29 November 1945.

7. The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), which was authenticated in his own hand, does not show any award of the Purple Heart, any award of the Bronze Star Medal or the Combat Medical Badge as authorized awards.

8. Item 34 (Wounds Received in Action) on the applicant’s WD AGO Form 53-55 shows the entry “None”.

9. There is no evidence in the available records which shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.

10. There is no evidence in the available records which shows the applicant was recommended for or awarded any award of the Bronze Star Medal.

11. The available records contain a Certificate of Merit awarded in recognition of conspicuously meritorious and outstanding performance of military duty on
26 December 1944. This certificate states “Near HIRSON, France, on the
26 December 1944, [the applicant] showed exceptional bravery by continuing to administer first aid to a wounded comrade, despite repeated enemy strafing attacks in the immediate vicinity. This courageous action, in utter disregard for his own safety, exemplifies the finest traditions of the military forces of the United States”. This certificate is signed by the colonel in command of the 23d Anti-Aircraft Artillery (AAA) Group.

12. There is no evidence in the available records which shows the applicant served in the medical company of an infantry regiment during World War II.

13. There is no evidence in the available records which shows the applicant was missing in action or a prisoner of war during World War II.

14. Army Regulation 600-8-22 (Military Awards) 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 the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

15. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. The regulation also states, in pertinent part, that a Bronze Star Medal may be awarded to a member of the Armed Forces of the United States who, after 6 December 1941, has been 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 has been otherwise confirmed by documents executed prior to
1 July 1947.

16. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which are the Purple Heart and the Bronze Star Medal.

17. Army Regulation 600-8-22 provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat. Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy.

18. Army Regulation 600-8-22 also provides, in pertinent part, that an award of the Combat Infantryman Badge 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.

19. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. The regulation also states, in pertinent part, that an Army Commendation Medal may be awarded to any individual commended after 6 December 1941 and before 1 January 1946 in a letter, certificate, or order of commendation, as distinguished from letter of appreciation, signed by an officer in the grade or position of a major general or higher.

20. The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

CONCLUSIONS:

1. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was wounded as a result of hostile action during World War II.

2. The applicant signed his discharge document on 29 November 1945 attesting that he was not wounded in action and not entitled to award of the Purple Heart. Therefore, the applicant is not entitled to any award of the Purple Heart.

3. There is no evidence of record available to the Board which shows the applicant was recommended for or awarded any award of the Bronze Star Medal.

4. Evidence of record shows the applicant received a Certificate of Merit in recognition of conspicuously meritorious and outstanding performance of military duty by showing exceptional bravery on 26 December 1944 during military operations near Hirson, France.

5. The Board considered the Certificate of Merit in support of the applicant’s claim for an award of the Bronze Star Medal. However, there is no evidence of record available to the Board which shows the applicant received orders or a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945. Therefore, in accordance with the governing regulation, the applicant is not entitled to award of the Bronze Star Medal based on the Certificate of Merit awarded to him in recognition of conspicuously meritorious and outstanding performance of military duty on
26 December 1944.

6. However, the Board found that the applicant’s actions on 26 December 1944 near Hirson, France, were sufficiently meritorious as to warrant award of the Army Commendation Medal with “V” Device.

7. The Board noted the requirement for a major general to sign orders of commendation resulting in award of the Army Commendation Medal. However, this Board determined, as an exception to regulation, that this award of the Army Commendation Medal with “V” Device would be made on the basis of the Certificate of Merit signed by the colonel in command of the 23d AAA Group.

8. There is no evidence in the available records which shows the applicant served in the medical company of an infantry regiment during World War II. Therefore, the applicant is not entitled to award of the Combat Medical Badge.

9. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only 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 Army Commendation Medal with “V” Device.

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

BOARD VOTE:

AAO__ LE________ JTM____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __John t. Meixell_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2001058386
SUFFIX
RECON
DATE BOARDED	20011127
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0020
2.	107.0000
3.
4.
5.
6.