PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 October 2001
         DOCKET NUMBER: AR2001061027


         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
Ms. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Ms. Kathleen A. Newman		Member
Mr. Ronald E. Blakely		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, correction of his records to show award of the Purple Heart based on wounds he received on 3 February 1945 in France while in combat.

3. The applicant states that the Veterans Administration will not rule this condition unless it is listed on his discharge document. In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation), a copy of a Western Union telegram, dated 17 February 1945, and an award certificate for the Purple Heart.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show he entered active duty on 28 July 1943 and completed training as an infantryman. He served in the European-African-Middle Eastern Theater of Operations from 5 August 1944 through 26 July 1945 and was honorably discharged on 27 November 1945.

5. The applicant’s WD AGO Form 53-55 does not show the Purple Heart as an authorized award. His discharge document shows the entry “NONE” in
item 34 (Wounds Received in Action).

6. The applicant’s WD AGO Form 53-55 shows award of the Combat Infantryman Badge in item 31 (Military Qualification and Date).

7. The applicant’s records contain a DA Form 1577 (Authorization for Issuance of Awards), dated 14 August 1997, which shows the applicant was issued an award of the Purple Heart and the Bronze Star Medal based on award of the Combat Infantryman Badge. However, there is no evidence that the applicant’s discharge document was ever amended to show these awards.

8. The applicant provided a copy of a Western Union telegram, dated 17 February 1945, which indicates that he was slightly injured in action on 3 February 1945 in France. He also provided a copy of an award certificate, dated 14 August 1992, which shows he was awarded the Purple Heart for wounds received in action on 3 February 1945 in France.

9. The Board noted that the applicant is entitled also to award of the European-African-Middle Eastern Campaign Medal with four bronze service stars, the Army of Occupation Medal (Germany), and the Distinguished Unit Citation with are not shown on his discharge document.

10. The applicant’s WD AGO Form 53-55 shows he received credit for participation in the Northern France, Ardennes, and Rhineland campaigns in


item 32 (Battles and Campaigns). Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows the unit to which the applicant was assigned, received campaign credit for participation in the Central Europe campaign.

11. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows the unit to which the applicant was assigned, 112th Infantry Regiment, received occupation credit for Germany for the period from 2 May to 27 July 1945. This document also shows that the 112th Infantry Regiment was cited for award of the Distinguished Unit Citation for actions during the period 16-24 December 1944 by War Department General Order 63-47.

12. Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. This provision did not go into effect until 10 September 1947 when Change 12 to Army Regulation 600-45 (Decorations) was published.

13. Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation, or in item 32 (Battles and Campaigns) of the WD AGO Form 53-55. The regulation also states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.

CONCLUSIONS:

1. There are no orders available to the Board which authorize award of the Purple Heart to the applicant. However, the applicant has provided an award certificate which shows he was awarded the Purple Heart on 14 August 1992 for wounds sustained in France on 3 February 1945. Also, the applicant provided a copy of a Western Union telegram which shows he was injured in action on 3 February 1945. Upon review, the Board has determined that this evidence is sufficient as a basis to correct his military records to show award of the Purple Heart.


2. Based on paragraph 1, above, the applicant is also entitled to correction of item 34 (Wounds Received in Action) on his WD AGO Form 53-55 to show the entry “3 February 1945 EAMETO”.

3. The applicant’s WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge during World War II. Based on award of the Combat Infantryman Badge, he is entitled to correction of his records to show the Bronze Star Medal.

4. Evidence of record shows the applicant participated in four campaigns during his assignment in the European-African-Middle Eastern Theater of Operations which are not correctly shown by award of four bronze service stars for wear on his European-African-Middle Eastern Campaign Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the European-African-Middle Eastern Campaign Medal with four bronze service stars and correction of his WD AGO Form 53-55 to show these awards.

5. While the applicant was assigned to the 112th Infantry Regiment, the unit received occupation credit for Germany. Therefore, he is entitled to award of the Army of Occupation Medal (Germany) and correction of his records to show this medal.

6. The applicant’s unit, the 112th Infantry Regiment, was also cited for award of the Distinguished Unit Citation, therefore, he is entitled to correction of his WD AGO Form 53-55 to show this unit award.

7. 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 the individual concerned be corrected:

a. by deleting the entry “EAMETO MED” from item 33 (Decorations and Citations) of his WD AGO Form 53-55;

b. by showing he was awarded the Purple Heart, the Bronze Star Medal (based on award of the Combat Infantryman Badge), the European-African-Middle Eastern Campaign Medal with four bronze service stars, the Army of Occupation Medal (Germany), and the Distinguished Unit Citation; and

c. by adding the entry “3 February 1945 EAMETO” in item 34 (Wounds Received in Action) to his WD AGO Form 53-55.

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

BOARD VOTE:

RJW_____ REB____ KAN____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond J. Wagner_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2001061027
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20011025
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	100.0000
3.
4.
5.
6.