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ARMY | BCMR | CY2001 | 2001061181C070421
Original file (2001061181C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 December 2001
         DOCKET NUMBER: AR2001061181


         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:

Mr. Luther L. Santiful Chairperson
Mr. Roger Able Member
Mr. Terry L. Placek 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 military occupational specialty listed in his separation document (WD AGO Form 53-55) be changed to show he served in a military occupational specialty (MOS) as a wireman.

3. The applicant states, in effect, that item 30 (MOS & NO.) of his
WD AGO Form 53-55 contains an entry that shows he held the MOS 405 (Clerk Typist) on the date of his separation and it should have shown he served in a wireman MOS. In support of his application, he submits a copy of his separation WD AGO Form 53-55 and associated military medical documents.

4. The applicant’s military records show that he enlisted in the Army and entered active duty on 24 October 1940. He continuously served on active duty until
11 July 1945, at which time he was honorably separated after completing a total of 4 years, 8 months, and 16 days of active military service.

5. The applicant’s service record (WD AGO Form 24) confirms that he served in the European Theater of Operations (ETO) from 7 August 1942 to 7 October 1944, and that he participated in the Algeria-French-Morocco and Tunisia campaigns of World War II. It also verifies that the highest rank he attained while serving on active duty was private first class (PFC) and that was the rank he held on the date of his separation.

6. The Military Qualification portion of the applicant’s WD AGO Form 24 confirms that during his active duty tenure, he served in both MOS 745 (Rifleman) and MOS 675 (Messenger). In addition, it also verifies that on the date of his separation, the applicant was serving in MOS 405 (Clerk Typist). The service record contains no indication that he ever served as a wireman during his tenure on active duty.

7. In addition, to the service record confirming that the applicant was serving in MOS 405 (Clerk Typist) on the date of his separation, this fact is also verified in item 30 (MOS & NO) of his WD AGO Form 53-55. There is also a separation order on file, Special Orders 160, dated 5 July 1945, issued by Headquarters, Army Service Forces, Fourth Service Command, that confirms this was his MOS at that time.

8. The applicant’s separation document includes the following listed awards as those earned by the applicant during his active duty tenure: Good Conduct Medal; Combat Infantryman Badge; European-African-Middle Eastern Campaign Medal; and American Defense Service Medal.

9. General Orders 18, dated 1 August 1944, issued by Headquarters,
18th Infantry, confirms the applicant was awarded both the Expert Infantryman Badge and Combat Infantryman Badge, effective 1 January 1944.

10. The file also contains a military record finding report from the National Archives and Records Administration (NARA) that includes an information sheet pertaining to the applicant, dated 21 November 1996, that was prepared by the Office of the Surgeon General (OTSG) from hospital admission cards created for the period 1942-1945. This report indicates that the applicant was treated as a battle casualty by medical personnel in the ETO, on 4 April 1943, after having received a penetrating shell fragment wound as a result of a shell explosion.

11. Further, the file contains an Authorization for Issuance of Awards (DA Form 1577), dated 13 December 1996, issued by the Department of the Army, Army Reserve Personnel Center, St. Louis, Missouri, which confirms the Army authorized and issued the following awards to the applicant: Bronze Star Medal, Presidential Unit Citation; American Campaign Medal; European-African-Middle Eastern Campaign Medal with 2 bronze service stars, World War II Victory Medal, and Expert Infantryman Badge. In addition, it shows the Army reissued the following awards to the applicant at this time: Good Conduct Medal; American Defense Service Medal; and Combat Infantryman Badge. A second DA Form 1577, dated 18 February 1997, confirms the Army authorized and issued the applicant the Purple Heart.

12. Army Regulation 600-8-22 prescribes the policy and procedures for the Army awards program. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the Purple Heart and it states, in pertinent part, that it 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.

13. Paragraph 3-12 of the awards regulation contains guidance on awarding the Bronze Star Medal. It states, in pertinent part, that it is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy and authorizes the award of the Bronze Star Medal for members who were cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945. For this purpose, a Combat Infantryman Badge is considered to be a citation in orders which means, in effect, that the Bronze Star Medal is authorized to any individual who received the Combat Infantryman Badge during World War II.

14. Paragraph 5-11 authorizes the award of the World War II Victory Medal to all members who served between 7 December 1941 and 31 December 1946 and paragraph 5-14 provides for the award of the American Campaign Medal for qualifying service in the American Theater between 7 December 1941 and
2 March 1946.


15. Paragraph 6-7 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

16. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II. This document shows the unit to which the applicant was assigned was cited for award of the Presidential Unit Citation by Department of the Army General Order Number 14-55.

CONCLUSIONS:

1. The evidence of record gives no indication that the applicant ever qualified or served in a wireman MOS. Therefore, the Board finds insufficient evidence to support this requested relief.

2. However, the applicant’s service record does confirm that in addition to MOS 405 (Clerk Typist), the MOS he held on the date of his separation, he was also qualified in and held MOS 745 (Rifleman) and MOS 675 (Messenger) during his active duty tenure. Although the policy in effect at the time called for entering only the MOS held on the date of separation to the WD AGO Form 53-55, the Board concludes it would serve the interest of equity to recognize the applicant’s additional qualifications by adding the following entry in the remarks portion of his separation document: “Soldier qualified and served in MOS 745 (Rifleman) and MOS 675 (Messenger).”

3. The evidence of record also confirms that the applicant was wounded in action on 4 April 1943 and that he was subsequently awarded the Purple Heart, as evidenced by OTSG information sheet, dated 21 November 1996, and the DA Form 1577, dated 18 February 1997. Therefore, the Board concludes it would be appropriate to add this award to his separation document at this time.

4. The evidence of record also verifies that the applicant’s World War II service also entitled him to the World War II Victory Medal and the American Campaign Medal. It also confirms that his unit earned a Presidential Unit Citation during his assignment tenure and that he participated in 2 campaigns in the ETO. Therefore, the Board finds it would also be appropriate to add these awards and the European-African-Middle Eastern Campaign Medal with 2 bronze service stars to his record at this time.

5. Finally, General Orders 18, dated 1 August 1944, issued by Headquarters, 18th Infantry, awarded the applicant the Expert Infantryman Badge, effective
1 January 1944, and the Board concludes this award should also be added to his record.

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 for the individual concerned be corrected by adding the following entry to item 55 (Remarks) of his WD AGO Form 53-55: “Soldier qualified and served in MOS 745 (Rifleman) and MOS 675 (Messenger);” by showing he earned the following awards during his active duty tenure: Purple Heart; Bronze Star Medal; Good Conduct Medal; Presidential Unit Citation; Combat Infantryman Badge; Expert Infantryman Badge; European-African-Middle Eastern Campaign Medal with
2 bronze service stars; World War II Victory Medal; American Defense Service Medal; and American Campaign Medal; 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:

__LLS__ ___RA__ __TLP___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Luther L. Santiful____
                  CHAIRPERSON




INDEX

CASE ID AR2001061181
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2001/12/20
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (Partial Relief)
REVIEW AUTHORITY
ISSUES 1. 100.05
2.
3.
4.
5.
6.



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