Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001060114C070421
Original file (2001060114C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 August 2001
         DOCKET NUMBER: AR2001060114


         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
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Richard T. Dunbar Member
Mr. Donald P. Hupman, Jr. 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, in effect, that he be awarded and issued the Glider Badge, the Combat Infantryman Badge, the Purple Heart, the Army Good Conduct Medal, and the Presidential Unit Citation (PUC).

3. The applicant states that a glider plane was transporting them to Southern France in bad weather and they crashed into the side of a mountain. He suffered a major injury to his right knee. He was treated by field medics but he chose to “tough it out” and remain with his unit. Several weeks later, a German artillery shell hit the truck he was in and exploded. He suffered a shrapnel wound to his right hand. After his company commander cleaned the wound with water and sulfa powder and wrapped it up, he again chose to stay with his unit. He provides six statements from fellow unit members who substantiate his injuries; the orders awarding the unit the Distinguished Unit Badge; an extract from the book, Beyond Valor; two newspaper clippings concerning his career as a boxer; his discharge certificate; and his Report of Separation, WD AGO Form 53-55 as supporting evidence.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973. The information contained herein was obtained from alternate sources.

5. The applicant entered the Army on 29 April 1943. He arrived in the European Theater of Operations on 28 May 1944. He departed in December 1945 and was separated on 31 December 1945. His WD AGO Form 53-55 shows his organization as Anti-Tank Company, 442d Infantry Regiment and that he was awarded the Combat Infantryman Badge, the Glider Badge, and the Army Good Conduct Medal along with various service medals.

6. Of the six letters of support provided by the applicant, all six of them substantiate his contention that he injured his knee when the glider he was in crashed. One of the six letters substantiates, with minor discrepancies, his contention that he was later injured by enemy shrapnel. This letter states the injury happened several days after the glider crash and that the applicant tended to his wound himself.

7. Army Regulation 600-8-22 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 by a medical officer, and the medical treatment must have been made a matter of official record. Statements of individuals are normally inadequate as the sole basis for an award of the Purple Heart because they do not fulfill the regulatory requirement that there be a record of medical treatment. It provides for the award of the Bronze Star Medal to any person who distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy. It also provides for award of the Bronze Star Medal to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy. A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.

8. Effective 3 November 1966, the Distinguished Unit Citation was redesignated the PUC.

9. General Orders 89, Headquarters, 5th Army, dated 17 July 1945, provided by the applicant to substantiate his right to award of the PUC, shows that the Distinguished Unit Badge was awarded to the 2d Battalion 442d Regimental Combat Team. The Center for Military History has stated that the 442d Regimental Combat Team consisted of three battalions and several separate companies – Headquarters Company, Service Company, Medical Company, Anti-Tank Company, and Cannon Company. The separate companies did not belong to any one of the battalions. However, Department of the Army Pamphlet 672-1 shows that the Distinguished Unit Citation was awarded to the 442d Infantry Regiment, less 2d Battalion, on General Orders 34, War Department dated 10 April 1946.

CONCLUSIONS:

1. The applicant’s WD AGO Form 53-55 shows that he was awarded the Glider Badge, the Combat Infantryman Badge, and the Army Good Conduct Medal.

2. Based upon award of the Combat Infantryman Badge, the applicant is entitled to award of the Bronze Star Medal.

3. Although the applicant is not entitled to the PUC based upon the orders he provided, his unit was awarded the PUC on a later set of orders.

4. The Board acknowledges the applicant’s combat service with the incomparably brave 442d; however, there is insufficient evidence to show he met the eligibility criteria for award of the Purple Heart. While all six of his supporting letters substantiate that he injured his knee when his glider crashed, neither those statements nor his own statement of the incident indicates that the crash was the result of enemy action. Only one of the letters substantiates that he was later injured by enemy shrapnel. Without further substantiating statements, such as from the commander that dressed his wound, the Board concludes that the eligibility criteria for award of the Purple Heart was not met for this second incident.

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

RECOMMENDATION
:

1. That the applicant’s WD AGO Form 53-55 be amended to add the Bronze Star Medal and the Presidential Unit Citation.

2. That the applicant be issued/re-issued the Bronze Star Medal, the Presidential Unit Citation, the Army Good Conduct Medal, the Glider Badge, and the Combat Infantryman Badge.

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

BOARD VOTE:

__jns___ __rtd___ __dph___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           John N. Slone
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2001060114
SUFFIX
RECON
DATE BOARDED 20010828
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0015
2. 110.04
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2009 | 20090020705

    Original file (20090020705.txt) Auto-classification: Denied

    The applicant requests correction of his records to show the second award of the Purple Heart for injuries received on 23 September 1944. 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. There is no evidence of record nor did the applicant provide any evidence which shows he was wounded by enemy action on 23 September 1944.

  • ARMY | BCMR | CY2005 | 20050002059C070206

    Original file (20050002059C070206.doc) Auto-classification: Approved

    The applicant requests, in effect, correction of his military records to show award of the Purple Heart, assault credit for two combat glider landings, the Presidential Unit Citation with one oak leaf cluster, and three foreign unit awards; specifically, the French Croix de Guerre, Netherlands Orange Lanyard, and Belgian Fourragere. In addition, he contends that his military service records should be corrected to show award of the Presidential Unit Citation with one oak leaf cluster, the...

  • ARMY | BCMR | CY2008 | 20080012076

    Original file (20080012076.txt) Auto-classification: Approved

    The applicant requests in effect, that the records of his deceased father, a former service member (FSM), be corrected to show he was awarded the Bronze Star Medal (BSM) for valor, the Silver Star (SS), Purple Heart (PH) with 1st Oak Leaf Cluster (2nd Award), and Glider Infantry Badge; to show his eligibility for the French Fourragere, Belgian Fourragere, Netherlands Order of William, Belgium Order of the Day, and Netherlands Orange Lanyard; and that he be issued award certificates for the...

  • ARMY | BCMR | CY2002 | 2002082785C070215

    Original file (2002082785C070215.rtf) Auto-classification: Approved

    The applicant requests, as the widow of the former service member (FSM), that her late husband's WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show that he was wounded in action, that he was a prisoner of war and that he served in the Glider Division. There are no orders for the Combat Infantryman Badge in the available records; however, the FSM'S WD AGO Form 53-55 shows that he served in military occupational specialty (MOS) 745 (rifleman) during World War...

  • ARMY | BCMR | CY2011 | 20110010888

    Original file (20110010888.txt) Auto-classification: Approved

    His WD AGO Form 53-55 shows in: * Item 6 (Organization) he was assigned to Company E, 325th Glider Infantry Regiment, 82nd Airborne Division * Item 7 (Date of Separation) he was honorably discharged on 19 December 1945 * Item 30 (Military Occupational Specialty (MOS) and Number) he held MOS 745 (Rifleman) * Item 32 (Battles and Campaigns) he participated in the Rhineland, Ardennes, Central Europe, and Normandy campaigns * Item 33 (Decorations and Citations) he was awarded: * Bronze Stars (5)...

  • ARMY | BCMR | CY2010 | 20100027567

    Original file (20100027567.txt) Auto-classification: Approved

    This pamphlet shows the 513th Parachute Infantry Regiment, 17th Airborne Division: * received credit for participating in the Ardennes-Alsace, Central Europe, and Rhineland campaigns * 3rd Battalion, was cited for award of the Distinguished Unit Citation (redesignated as the Presidential Unit Citation) for the period 24 through 26 March 1945 by War Department General Orders (WD GO) Number 119, dated 1946 * received assault landing credit on 24 March 1945 by WD GO 70, dated 1945 b. ...

  • ARMY | BCMR | CY2013 | 20130014150

    Original file (20130014150.txt) Auto-classification: Approved

    The applicant, the widow of a deceased former service member (FSM), requests correction of the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) to show he was awarded the Prisoner of War (POW) Medal, Bronze Star Medal (BSM), and Purple Heart. The National Archives WWII Prisoners of War Data File, 7 December 1941 to 19 November 1946, lists the FSM as having been captured in the European Theater on 11 July 1944. As a result, the Board recommends that all...

  • ARMY | BCMR | CY2009 | 20090013536

    Original file (20090013536.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant states that his discharge document does not show his service with Company E, 383rd Infantry, 96th Infantry Division during the Okinawa campaign where he was wounded in battle and suffered hearing loss from bombs, machine guns, and mortar shells. The former Soldier stated he was a member of the U.S. Army, Company E, 383rd Infantry, 96th Infantry Division and served in the Okinawa...

  • 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 | CY2013 | 20130009183

    Original file (20130009183.txt) Auto-classification: Approved

    He provides: * WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) * WD AGO Form 38 * Congressional correspondence * Veterans Administration (VA) Rating Decision * Application to the State of Iowa for World War II Service Compensation * three National Archives Forms 13045 (Informal Information Reply) * Request for Service Information in Connection with Insurance * National Personnel Records Center (NPRC) Test Form 99-2B (Addendum to DA Form 1577 (Authorization...