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ARMY | BCMR | CY2001 | 2001060477C070421
Original file (2001060477C070421.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 October 2001
         DOCKET NUMBER: AR2001060477


         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. Fred N. Eichorn Chairperson
Mr. Melvin H. Meyer Member
Ms. Barbara J. Ellis 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 his separation document (WD AGO Form 53-55) be corrected to add two awards of the Purple Heart (PH) and his correct campaign participation credit.

3. The applicant states, in effect, that he received two PHs as a result of being wounded in action twice during World War II and that he participated in campaigns from Normandy to Berlin but none were listed in his separation document.

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 his records were lost in that fire.

5. The available evidence includes a WD 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 that he served on active duty until being honorably discharged in the rank of private first class on 19 December 1945. It also confirms that he arrived for duty in the European Theater of Operations (ETO) on 22 February 1944 and served there until 3 December 1945.

6. Block 6 (organization) of the applicant’s WD AGO 53-55 shows that he was assigned to the 631st TD Battalion on the date of his separation. Block 30 (military occupational specialty) verifies that his military specialty was Rifleman and block 31 (military qualification) confirms that he was awarded the Combat Infantryman Badge (CIB). However, block 32 (battles and campaigns) contains a “none” entry and block 33 (decorations and citations) shows that he only earned the following awards during his active duty tenure: European-African-Middle Eastern Service Medal; Good Conduct Medal; and World War II Victory Medal.

7. The evidence also includes a WD AGO Form 100 (Separation Qualification Record) that confirms the applicant served in Ireland, England, Belgium, and Germany for 22 months with the 507th Parachute Infantry Regiment. It also verifies that he was awarded the PH and PH 1st Oak Leaf Cluster, CIB, Distinguished Unit Badge, Good Conduct Medal, 4 four battle stars, and a bronze service arrowhead.

8. Also on file is a military record finding report from the National Archives and Records Administration (NARA), dated 1 August 2001. This document contains information from hospital admission cards created by the Office of the Surgeon General (OTSG) for the period 1942-1945.


9. The NARA report pertaining to the applicant includes two separate records of admission that confirm he was treated as a battle casualty first in 1944 for a shrapnel wound to the shoulder caused by artillery shell fragments that he received on 14 June 1944 and again in 1945 for a shrapnel wound to the wrist that was also caused by artillery shell fragments that he received on 27 March 1945.

10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria 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 Force who, while serving in any capacity with one of the Armed Services after 5 April 1917, has been wounded or killed in action. A wound is defined 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 5-12 contains guidance on awarding the European-African-Middle Eastern Service Medal. It states, in pertinent part, that this award is authorized to anyone who served in the theater between 7 December 1941 and 8 November 1945, a bronze service star is authorized for each campaign participated in while in the ETO and a bronze arrowhead is authorized to denote participation in an assault landing.


14. Paragraph 7-13 contains guidance on awarding the Presidential Unit Citation and it states, in pertinent part, that on 3 November 1966 the Distinguished Unit Citation was redesignated the Presidential Unit Citation and is awarded to units for heroism in action against an armed enemy that took place after 7 December 1941.

15. Technical Manual 12-235, which prescribed the policy and procedure for the preparation and distribution of separation documents during the period in question, states that the last unit, or similar element to which the individual was assigned, rather than the element of which he was part while moving to a separation activity will be entered in item 6 (Organization) of the WD AGO Form 53-55. It also notes that assignments to units for the purpose of transfer from a theater to the United States is considered part of the movement to a separation activity.

16. 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, foreign unit awards, occupation credit and unit citation badges awarded during World War II. It contains a by unit listing that confirms what credit and awards every unit received during its World War II service.

17. The unit listing contained in the source publication confirms that, during the applicant’s assignment tenure with the 507th Parachute Infantry Regiment, the unit participated in the Ardennes-Alsace, Central Europe, Normandy, and Rhineland campaigns of World War II, received assault landing credit for Normandy for the period 6-7 June 1944, and Germany occupation credit for the period 2 May to 15 June 1945. Finally, the unit was awarded the Distinguished Unit Citation for the period 6 to 9 June 1944 and the French Fourragere based on being cited for two periods of service from 5 to 6 June 1944 and from 6 to
20 June 1944.

CONCLUSIONS:

1. The Board notes the applicant’s contention that two PH awards he received and the campaigns he participated in during World War II were erroneously omitted from his separation document and it finds this claim has merit. During its review of this case, the Board also discovered other awards he is entitled to that were not included in his separation document and he did not specifically request in his application.


2. The Board finds the NARA report prepared from information provided by the OTSG sufficiently satisfies the regulatory burden of proof necessary to award the PH. Therefore, the Board finds it would be appropriate to award the applicant the PH and PH 1st Oak Leaf Cluster based on his twice being wounded in action and to add these awards to his separation document at this time.

3. By regulation, the BSM is authorized for members based on their exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 if they had earned the CIB. Given the applicant received the CIB for during World War II, the Board concludes it would be appropriate to award him the BSM at this time.

4. The Board also finds the available evidence confirms that the applicant served with the 507th Parachute Infantry Regiment in the ETO and that the unit listed in his separation document was likely a transitional unit to which he was assigned for movement and processing prior to his separation from active duty. Thus, based on the Army policy in effect at the time, the Board concludes the organization listed in his separation document should be changed accordingly.

5. The available evidence also confirms that during his assignment tenure with the 507th Parachute Infantry Regiment it participated in the Ardennes-Alsace, Central Europe, Normandy, and Rhineland campaigns of World War II and received assault landing credit for Normandy. Therefore, the Board finds that it would be appropriate to add these campaigns to his separation document and to authorize him 4 bronze service stars and a bronze arrowhead for wear with his
European-African-Middle Eastern Service Medal.

6. In addition, the Board also finds that the applicant is entitled to the following awards based on his service and accomplishments in the 507th Parachute Infantry Regiment in the ETO that were not included in his separation document: Distinguished Unit Citation; French Fourragere; and Army of Occupation Medal-Germany.

7. 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:

a. showing the organization of the individual concerned was the
507th Parachute Infantry Regiment in block 6 of his separation document;

b. adding the Ardennes-Alsace, Central Europe, Normandy, and Rhineland campaigns of World War II to block 22 (battles and campaigns) of his separation document;

c. awarding him the Purple Heart for being wounded in action on 14 June 1944 and the Purple Heart 1st Oak Leaf Cluster for being wounded in action on 27 March 1945 while serving as a private first class in the ETO during World War II;
d. awarding him the Bronze Star Medal for exemplary conduct in ground combat during World War II;

e. awarding him the Distinguished Unit Citation, French Fourragere, and Army of Occupation Medal-Germany based on his service and accomplishments with the 507th Parachute Infantry Regiment in the ETO during World War II;

f. showing he is authorized to wear 4 bronze service stars and a bronze arrowhead with his European-African-Middle Eastern Service Medal based on his campaign participation and assault landing credit; and

g. issuing him a corrected separation document that reflects these changes.

BOARD VOTE:

__FNE__ __MHM__ __BJE __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Fred N. Eichorn__
                                                      CHAIRPERSON





INDEX

CASE ID AR2001060477
SUFFIX
RECON
DATE BOARDED 2001/10/18
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 1945/12/19
DISCHARGE AUTHORITY AR 615-365
DISCHARGE REASON Demobilization
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 46 107.0000
2.
3.
4.
5.
6.



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