MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 15 January 2002
         DOCKET NUMBER: AR2001060843

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Vic Whitney		Analyst

The following members, a quorum, were present:

Ms. Irene N. Wheelwright		Chairperson
Mr. Hubert O. Fry, Jr.		Member
Mr. Donald P. Hupman, Jr.		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

---

APPLICANT REQUESTS: On behalf of his father, a deceased former service member (FSM), that his records be corrected, in effect, to show awards of the Meritorious Unit Commendation (MUC), the Purple Heart, an additional bronze service star for the European-African-Middle Eastern Campaign Medal, and the Luxembourg Croix De Guerre. He also requests that the DD Form 215 (Correction to DD Form 214), issued on 3 November 2000, be corrected to show the correct spelling of the European-African-Middle Eastern Campaign Medal.

APPLICANT STATES: That his father’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) contained many errors and it is an injustice for a combat veteran to not have all the awards he is entitled to. He believes that block 6 (Organization) is not correct because this unit was disbanded prior to his father’s entry on active duty. He believes it should be the 110^th Infantry Regiment, 28^th Infantry Division, which is what his father told him. Block 31 (Military Qualification) should show the Marksmanship Qualification Badge with rifle bar and the Combat Infantryman Badge (CIB) because the National Personnel Records Center (NPRC) issued a DD Form 215 on 3 November 2000, to show those awards. Block 32 (Battles and Campaigns) should include the Ardennes-Alsace Campaign based on his father’s date of arrival in Europe. Block 33 (Decorations and Citations) should include the MUC, the Purple Heart, and the American Campaign Medal. His father’s unit was awarded the MUC by General Order 58 and the picture of his father’s uniform jacket clearly shows the MUC, the Purple Heart, the 28^th Division patch, and three hash marks indicating 18 months of service in the European Theater. His father told him that he had been wounded in the face and leg by shrapnel. Based on regulatory requirements, he is also entitled to the American Campaign Medal, and the Bronze Star Medal. The National Personnel Records Center issued a DD Form 215 on 3 November 2000, to show the Bronze Star Medal and issued an award certificate. Block 34 (Wounds Received in Action) should show that he was wounded in action because the Purple Heart is shown on his uniform. Block 35 (Latest Immunization Dates) is incorrect based on the Immunization Register in the record. Block 36 (Service Outside Continental U. S. and Return) is not correct because his father told him he left for Europe on 28 December 1944 and arrived in Europe the first week of January 1945. He was assigned to the 110^th Infantry Regiment, 28^th Infantry Division and taken to the front in trucks. Block 37 is incorrect because it does not match the breakdown of his total service nor the dates listed for Block 36. Block 55 (Remarks) shows 444 days lost time, which is not possible, based on his service credit provided in block 37. He submits documents from his father’s military record, unit and award histories, and pictures of his father in support of his application.




EVIDENCE OF RECORD: The FSM's military records were lost or destroyed in the 1973 fire at the National Personnel Records Center. This case was reviewed with limited records available from other sources.

The deceased FSM’s WD AGO Form 53-55 shows that he was inducted and entered active duty on 2 May 1944. His organization was listed as the 233^rd Guard Company and his specialty was rifleman. His WD AGO Form 100 (Separation Qualification Record) shows that he was trained as a rifleman and served as a rifleman for 21 months. Block 13, (Summary of Military Qualifications) states that he served in the European Theater for 18 months as a member of two different guard companies (the 233^rd and the 484^th) in the Army of Occupation in Germany. His duties consisted of guarding depots, installations, and prisoners of war. It is also noted that the WD AGO Form 100 is prepared from information in the soldier’s records and supplemented by a personal interview with the soldier.

The FSM was credited with service in two campaigns, Rhineland and Central Europe, and was awarded the European-African-Middle Eastern Campaign Medal and the World War II Victory Medal. Block 31 (Military Qualification and Date) and Block 34 (Wounds Received in Action) of his WD AGO Form 53-55 state “None.” His latest immunization dates are listed as 18 May 1944 for smallpox, 5 June 1944 for typhoid, and 5 July 1944 for tetanus.

Block 36 (Service Outside Continental U. S. and Return) shows his date of departure as 23 January 1945, and 1 February 1945, as his date of arrival in the European Theater. His date of departure from Europe was 28 May 1946, and his date of arrival in the Continental U. S. was 6 June 1946. He was credited with 8 months and 24 days Continental U. S. service and 1 year, 4 months, and 14 days foreign service for a total of 2 years, 1 month, and 8 days creditable service. Block 55 (Remarks) shows that he had 444 days lost time. There is no information in the available record to show the basis for the lost time entry, but the record does indicate that the FSM was never promoted above the rank of private.

The FSM was separated from active duty in the grade of private on 13 June 1946. The FSM authenticated his WD AGO Form 53-55 with his signature and thumb print. There is no evidence in the available record that the FSM ever questioned the facts presented in his military records or applied to this Board for a correction to his records prior to his death in March 1998.

The applicant provides a copy of the FSM’s Discharge Certificate, which shows his most significant assignment as the 233^rd Guard Company. There is no evidence of record that the FSM was assigned or attached to the 110^th Infantry Regiment or the 28^th Infantry Division.

The applicant forwarded several inquires to the NPRC and a Member of Congress concerning correction of awards for his father. Based on this correspondence the NPRC issued a DD Form 215 on 20 September 2000, which added the Army of Occupation Medal with Germany clasp to the FSM’s records. On 3 November 2000, the NPRC issued another DD Form 215, which added the Bronze Star Medal, the Good Conduct Medal, the CIB, and the Marksman Badge with rifle bar. There is no information in the available record to indicate the basis for these additional awards. Additionally, the NPRC used an incorrect title for the European-African-Middle Eastern Campaign Medal on the DD Form 215 issued on 3 November 2000. The NPRC has agreed to administratively correct this DD Form 215.

Army Regulation 600-8-22 provides the policy for Army awards. The regulation shows that credit for participation in the Ardennes-Alsace campaign was from 16 December 1944 through 25 January 1945. The FSM arrived in the European Theater on 1 February 1945. The regulation also states 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. There is no evidence of record that the FSM was wounded or treated for wounds as a result of hostile action.

Additionally, the regulation provides for the award of the American Campaign Medal for service within the American Theater, outside the Continental U. S., or for assignment within the Continental U. S. for an aggregate of 1 year. The FSM was never assigned to the American Theater, outside the Continental U. S., or within the Continental U. S. for an aggregate of 1 year.

The awards regulation also provided for award of the CIB. The soldier must have been an infantryman satisfactorily performing infantry duties, he must have been assigned to an infantry unit during such time as the unit was engaged in active ground combat, and he must have actively participated in such ground combat. Specific requirements state, in effect, that an Army enlisted soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

General Order 58, referenced by the applicant, awarded the MUC to Service Company, 110^th Infantry Regiment, for the period 8 November 1944, through 8 May 1945. There is no evidence of record that the FSM was assigned to Service Company, 110^th Infantry Regiment during the period of entitlement to the MUC.

The Luxembourg Croix De Guerre, referenced by the applicant, was awarded to the 28^th Infantry Division by General Order 43. The award was for the period of September and December 1944. The FSM arrived in the European Theater on 1 February 1945.

A Copy of an Immunization Register provided by the applicant shows that the FSM received the smallpox vaccine on 27 December 1944, and the typhoid vaccine on 27 December 1944 and 17 January 1946. The tetanus immunization was dated 27 December 1944. The Register also shows dates of typhus immunizations, which are items not recorded on the WD AGO Form 53-55.

The applicant provides photographs of his father in uniform and a color photograph of his father’s uniform blouse with ribbons, badges, and patches. The applicant provides the photographs as evidence that his father was in the 110^th Infantry Regiment, served overseas for 18 months, and was awarded the Combat Infantryman Badge, the MUC, and the Purple Heart.

The applicant provides information obtained from the Center for Military History, which shows that the 233^rd Military Police Company was disbanded effective 20 December 1943 and the 484^th Military Police Escort Guard Company was disbanded effective 15 April 1944.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. There is no documentation in the available record, or credible evidence provided by the applicant, to show that the FSM is entitled to or was awarded the Purple Heart, the MUC, the Luxembourg Croix De Guerre, or campaign credit for Ardennes-Alsace.

2. Additionally, there is no evidence of record to show that the applicant was entitled to the CIB, the Bronze Star Medal, the Good Conduct Medal, or the Marksman Badge with rifle bar provided by the NPRC in their DD Form 215 prepared on 3 November 2000.

3. Notwithstanding the conflicting evidence of the FSM’s units of assignment, there is no credible evidence to show that he was assigned to the 110^th Infantry Regiment or the 28^th Infantry Division.

4. Although it appears from the available evidence that the latest immunization dates on the FSM’s WD AGO Form 53-55 do agree with the dates shown on his Immunization Register, the Board does not believe that a correction at this late date would serve any useful purpose since the FSM is deceased and there is no known injustice suffered by the FSM or the applicant based on this information.
5. The Board acknowledges that the creditable U. S. service and foreign service calculations do not match the dates of service credited for the European Theater. However, based on the evidence in the available record, the applicant’s explanations for the requested corrections are not more credible and do not form a basis for correction to a record that was adjudicated 55 years ago.

6. The Board also acknowledges that the entry concerning days of lost time does not correlate with his recorded dates of creditable service, also recorded on his WD AGO Form 53-55; however, the Board is not able to calculate the correct entry based on the available record.

7. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

8. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE: The NPRC will be asked to administratively correct the DD Form 215 issued by them on 3 November 2000 concerning the correct title for the European-African-Middle Eastern Campaign Medal.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

_dhp____ _inw____ __hof___ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

---

INDEX

CASE ID	AR2001060843
SUFFIX
RECON
DATE BOARDED	20010115
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	107.00
2.	100.00
3.
4.
5.
6.