PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 December 2001
         DOCKET NUMBER: AR2001060645


         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:

Ms. JoAnn H. Langston		Chairperson
Ms. Margaret K. Patterson		Member
Mr. Eric N. Andersen		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, that he be awarded the Purple Heart (PH) and any other awards due him.

3. The applicant states, in effect, that he never received the PH for being wounded in action in Sicily, twice in Italy in 1943, and in France in 1944. He claims that he received burns to both hands and arms as a result of the explosion of artillery powder charges set on fire by enemy aircraft, which resulted in his hospitalization in Palermo, Sicily, for several weeks. In addition, he claims that he received shrapnel/bullet wounds in two separate incidents in Italy, for which he was treated at local aid stations. Finally, he states that his eardrums were ruptured and he suffered a concussion from the explosion of a mine he ran over with his jeep in France, which also resulted in his hospitalization. He states that he does not have any documentation for these wounds, other than the scars he received as a result. He claims that his medical records were given to separation personnel at Fort McCoy, Wisconsin, during his discharge processing, and obviously there was not enough time for them to do the paperwork necessary during the war; however, there should be adequate time now. He also indicates that he has been treated at a Department of Veterans Affairs (VA) hospital in Minnesota, where there may be records that are pertinent to his claim.

4. The applicant’s military records show that on 25 February 1941, he was inducted into the Army of the United States and entered active duty. He served in military occupational specialty (MOS) 667 (Messenger) and the highest rank he attained while serving on active duty was corporal.

5. The applicant’s service record (WD AGO Form 24) confirms that from 24 December 1942 through 25 July 1945, he served with following units in the European Theater of Operations (ETO) for the periods indicated: 9^th Field Artillery Battalion, 24 December 1942 to 2 March 1943; 17^th Field Artillery Battalion, 3 March 1943 to 13 February 1944; 630^th Field Artillery Battalion,
14 February 1944 to 10 July 1945, at which time he was assigned to a replacement depot for transport to the United States for separation processing.

6. Page 6 (Medals, Decorations, and Citations) of his WD AGO Form 24, confirms that during his active duty tenure, the applicant was awarded the European-African-Middle Eastern Campaign Medal, American Defense Service Medal, and Good Conduct Medal. It also verifies that he participated in the following campaigns of World War II: Southern France; Rhineland; Central Europe; Algeria-French-Morrocco; Tunisia; Sicily; Naples-Foggia; and
Rome-Arno.

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7. A report of the applicant’s separation physical examination (WD AGO Form 38) is on file in his record. This document confirms that he was hospitalized on three separate occasions while serving in the ETO. The first in September 1943, in Italy, for burns to his hands; the second in February 1944, at the 16^th Station Hospital, Italy, for pneumonia; and the third in December 1944, at the
46^th General Hospital, France, for prostitis. This document gives no indication that any of these hospitalizations were the result of being wounded or injured in action and make no reference to the applicant being entitled to the PH.

8. The applicant’s separation document (WD AGO Form 53-55), which was issued to and authenticated by him with his signature on the date of his separation, confirms that he was honorably separated on 17 August 1945. It also verifies that at the time of his separation, he had completed a total of 4 years,
5 months, and 23 days of active military service. However, item 24 (Wounds received in action) contains the entry “None”, which indicates that he was not wounded or injured in action during his active duty tenure. In addition, his service record gives no indication that he ever raised the PH entitlement issue at any time during his separation processing or when he signed his separation document confirming that information contained therein was correct.

9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions 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 Forces 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 as a result of enemy action. 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.

10. 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. Paragraph 5-11 contains guidance on awarding the World War II Victory Medal and states, in pertinent part, that it is awarded to members who served between 7 December 1941 and 31 December 1946.

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11. Paragraph 5-12 contains guidance on the European-African-Middle Eastern Campaign Medal and it states, in pertinent part, that one bronze service star is authorized with this medal for each campaign a member participated in the ETO. In addition, by regulation, 1 silver star is worn to represent and in place of
5 bronze service stars. Paragraph 9-12 contains guidance on the award of the French Fourragere and states, in pertinent part, that it is awarded to units that were cited twice for the French Croix de Guerre.

12. 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, and unit citation badges awarded during World War II. It confirms that the 630^th Field Artillery Battalion, the applicant’s unit from 14 February 1944 to 10 July 1945, earned the French Croix de Guerre for the following two separate periods: February 1944 to 11 May 1944 and 17 September 1944 to 10 March 1945, both authorized by Department of the Army General Order (DAGO) 43, issued in 1950.

CONCLUSIONS:

1. Notwithstanding the contention of the applicant, after carefully examining the available evidence of record and the independent evidence submitted by him, the Board finds an insufficient evidentiary basis on which to support awarding the PH.

2. By 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 the medical treatment for the wound or injury received in action, and must have been made a matter of official record.

3. While the evidence of record does confirm that the applicant was hospitalized on three separate occasions while serving in the ETO, it gives no indication that any of these hospitalizations were the result of his being wounded or injured in action. Further, the Board finds that the applicant has failed to provide sufficient independent evidence to support his claim of entitlement to the PH and therefore, notwithstanding his outstanding record of combat service during World War II, the Board is compelled to deny the requested relief.

4. However, the Board did find the applicant was entitled to receive the Army of Occupation Medal-Germany, French Fourragere, and World War II Victory Medal based on his unit and active duty service during World War II. Therefore, the Board concludes that it would be appropriate to add these awards to his records at this time.

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5. In addition, the Board concludes that the applicant is entitled to 1 silver service star and 3 bronze service stars for his European-African-Middle Eastern Campaign Medal based on his participation in 8 campaigns during his tenure of service in the ETO.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Army of Occupation Medal-Germany, French Fourragere, World War II Victory Medal, and European-African-Middle Eastern Campaign Medal with 1 silver service star and 3 bronze service stars; and by providing him a corrected separation document that reflects these changes.

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

BOARD VOTE:

__JHL__ _ _MKP__ __ENA__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __JoAnn H. Langston__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001060645
SUFFIX
RECON
DATE BOARDED	2001/12/04
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1945/08/17
DISCHARGE AUTHORITY	AR615-365
DISCHARGE REASON	Demobilization
BOARD DECISION	Grant Partial
REVIEW AUTHORITY
ISSUES 1. 61	107.0015
2. 46	107.0000
3.
4.
5.
6.