PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 November 2001
         DOCKET NUMBER: AR2001061839


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Lester Echols		Member
Mr. John T. Meixell		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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart.

3. The applicant states that he was injured in Germany and sent to the hospital. He contends that he has the paperwork to prove he received the Purple Heart; however, this award is not shown on his discharge document. In support of his application, he submits a letter, dated 7 February 2001, from the Department of Veterans Affairs; a copy of a Decorations and Ribbons Authorization Form, dated 9 July 1945, from Headquarters 12th Infantry; his WD AGO Form 53-55; and WD AGO Form 100 (Separation Qualification Record).

4. The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant was inducted on
21 January 1942. He served as a squad leader in the European Theater of Operations from 29 January 1944 through 3 July 1945 and was honorably discharged on 3 October 1945.

5. The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show any award of the Purple Heart as an authorized award. Item 34 (Wounds Received in Action) on the WD AGO Form 53-55 states “None”.

6. There is no evidence in the available records which shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.

7. The applicant provided a copy of a Decorations and Ribbons Authorization Form, dated 9 July 1945, from the 12th Infantry Adjutant. This form states “Line out decorations not applicable” and shows a line through the Purple Heart entry. However, the Board notes that a handwritten entry of “PURPLE HEART” was inserted next to the lined out Purple Heart entry.

8. The applicant’s discharge document shows he received the Combat Infantryman Badge during World War II.

9. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, unit awards authorized for units which served during World War II. This document shows the unit to which the applicant was assigned, 12th Infantry Regiment, 4th Infantry Division, received the Distinguished Unit Citation for actions during the period 18-24 December 1944 by War Department General Orders 54-45. This award is not shown on his discharge document.

10. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, does show that the
12th Infantry, 4th Infantry Division, received the Belgian Fourragere for actions during 7-13 September 1944 and 18-21 December 1944 by Department of the Army General Orders Number 43, dated 1950. This award is not shown on his discharge document.

11. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, occupation credit during World War II. This document shows the unit to which the applicant was assigned, the 12th Infantry Regiment, 4th Infantry Division, received occupation credit for Germany for the period from 2 May to 21 June 1945. Award of the Army of Occupation Medal with Germany Clasp is not shown on his discharge document.

12. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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, and the medical treatment must have been made a matter of official record.

13. 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.

CONCLUSIONS:

1. There is no evidence of record available to the Board which shows the applicant was wounded or treated for wounds due to hostile action during World War II.

2. The applicant signed his discharge document on 3 October 1945 attesting to the fact that he was not wounded in action and was not entitled to award of the Purple Heart.




3. The Board reviewed the Decorations and Ribbons Authorization Form provided by the applicant in support of his claim for award of the Purple Heart.
However, in the absence of orders or other evidence of record showing the applicant was wounded or treated for wounds as a result of hostile action, the Board determined that the Decorations and Ribbons Authorization Form is not sufficient as a basis for award of the Purple Heart. Therefore, the applicant is not entitled to correction of his discharge document to show award of the Purple Heart.

4. The applicant received the Combat Infantryman Badge during World War II. Therefore, he is entitled to correction of his WD AGO Form 53-55 to show award of the Bronze Star Medal (based on award of the Combat Infantryman Badge).

5. While the applicant was assigned to the 12th Infantry Regiment, 4th Infantry Division, it was cited for award of the Distinguished Unit Citation. Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show this unit award.

6. While the applicant was assigned to the 12th Infantry Regiment, 4th Infantry Division, it was cited for award of the Belgian Fourragere. Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show this foreign unit award.

7. While the applicant was assigned to the 12th Infantry Regiment, 4th Infantry Division, the unit received occupation credit for Germany. Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show award of the Army of Occupation Medal with Germany Clasp.

8. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Distinguished Unit Citation, the Belgian Fourragere and the Army of Occupation Medal with Germany Clasp.







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

BOARD VOTE:

AAO___ LE______ JTM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Arthur A. Omartian__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001061839
SUFFIX
RECON
DATE BOARDED	20011127
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0014
2.	107.0000
3.
4.
5.
6.