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ARMY | BCMR | CY2001 | 2001060376C070421
Original file (2001060376C070421.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 December 2001
         DOCKET NUMBER: AR2001060376


         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. William Blakely Analyst


The following members, a quorum, were present:

Ms. Irene N. Wheelwright Chairperson
Mr. Thomas Lanyi Member
Mr. Jose A. Martinez 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 the Purple Heart (PH) be added to the awards listed in his separation document (WD AGO Form 53-55).

3. The applicant states, in effect, that he was awarded the PH years after the war and it is not included in the list of awards he earned contained in his
WD AGO Form 53-55. He further states that the PH must be recorded in his separation document in order for him to be eligible for veterans medical benefits. In support of his application, he submits a PH award certificate and a copy of his separation document.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973. The information herein was gleaned from a copy of the applicant’s WD AGO Form 53-55.

5. The applicant’s separation document confirms that on 19 February 1943, he was inducted into the Army of the United States and that he continuously served on active duty for 2 years, 9 months, and 29 days until being honorably separated 17 December 1945. It also shows that he served in the European Theater of Operations (ETO) from 23 February 1944 to 1 December 1945 and that while there, he participated in the Normandy, Rhineland, and Northern France campaigns of World War II. It also shows that during his active duty tenure he earned the following awards: Good Conduct Medal; World War II Victory Medal; and European-African-Middle Eastern Campaign Medal. The PH is not included in the list of authorized awards included in this document.

6. A copy of a Medical Department Form 52b on file confirms that on 24 July 1944, while serving as a private in the ETO, the applicant was injured in action when he jumped into a foxhole during enemy action. This document which was made a matter of official record also verifies that he was treated for this injury, a fracture of his right wrist, by military medical personnel.

7. The applicant provides a copy of an award certificate, dated 29 January 1988, issued by Department of the Army (DA), which confirms he was awarded the PH as a result of his being wounded in action while serving as a private in the ETO on 24 July 1944.

8. 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, and the medical treatment must have been made a matter of official record.

9. Paragraph 5-12 contains guidance on awarding the European-African-Middle Eastern Campaign Medal and states, in pertinent part, that a bronze service star is authorized for each campaign participated in while in the ETO.

CONCLUSIONS
:

1. The evidence of record confirms that on 24 July 1944, while he was serving as a private in the ETO, the applicant was wounded in action and that he was subsequently awarded the PH for this wound by DA. Therefore, the Board concludes, it would be appropriate to add the PH to his WD AGO Form 53-55 at this time.

2. By regulation, 1 bronze service star is authorized for the European-African-Middle Eastern Campaign Medal for each campaign participated in while assigned to the ETO during World War II. Therefore, based on his participation in 3 campaigns while serving in the ETO, the Board concludes that the applicant’s record should be corrected to show he earned 3 bronze service stars for his European-African-Middle Eastern Service Medal.

3. 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 showing that the individual concerned was awarded the PH; the
European-African-Middle Eastern Service Medal, with 3 bronze service stars; +and by providing him a corrected separation document that reflects these changes.

BOARD VOTE:

__INW __ _ _TL __ __JAM __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Irene N. Wheelwright__
                  CHAIRPERSON



INDEX

CASE ID AR2001060376
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2001/12/18
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0056
2.
3.
4.
5.
6.



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