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Decision Text

ARMY | BCMR | CY2001 | 2001062484C070421
Original file (2001062484C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 November 2001
         DOCKET NUMBER: AR2001062484


         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. Robert J. McGowan Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Mr. John P. Infante Member
Mr. William D. Powers 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 that his records be corrected to show that he was awarded the Purple Heart (PH).

3. The applicant states that he was wounded during World War II and, although the wound is documented on his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), the form does not reflect a PH. In support, he provides a copy of his WD AGO Form 53-55 and a copy of a letter from the Veterans Administration (VA), dated 13 October 1945, awarding him disability compensation for a "gunshot wound left forearm."

4. The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from alternate sources and shows that the applicant was inducted into the Army of the United States on 3 December 1943 and was separated with an honorable discharge on 26 September 1945. He served as an infantryman in the European Theater of Operations from 15 July 1944 until he was returned to the United States on 11 March 1945. He was assigned to Company C, 60th Infantry Regiment, 9th Infantry Division.

5. Records of the US Army Surgeon General's Office (SGO) reflect that the applicant was wounded in the left forearm by shrapnel from an artillery shell on 9 October 1944.

6. The applicant's WD AGO Form 53-55 also shows that he was wounded in action on 9 October 1944. It lists his awards as the European-African-Middle Eastern Campaign Medal (EAME) with two bronze battle stars, but only lists the Northern France campaign. It also shows that he was awarded the Combat Infantryman Badge (CIB).

7. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

8. AR 600-8-22 provides, in pertinent part, that the Bronze Star Medal (BSM) 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.

9. AR 600-8-22 provides that the Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

10. AR 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal (WWII Victory Medal). It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

11. 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 and Korea. This document shows the unit to which the applicant was assigned was cited for award of the Belgian Fourragere for the periods
3-13  September 1944 and 20 December 1944 to 26 January 1945 by Department of the Army General Order Number 43, dated 1950. It also shows that the unit was awarded campaign credit for Northern France and Ardennes-Alsace during the period of the applicant's service.

CONCLUSIONS:

1. The applicant was wounded on 9 October 1944 and is entitled to award of the PH.

2. The applicant is also entitled to award of the BSM, the GCMDL, and the WWII Victory Medal.

3. The applicant should be credited with participation in the Ardennes-Alsace Campaign and the Belgian Fourragere.

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


RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214 [the form that replaced the WD AGO Form 53-55]) showing that he received the Purple Heart, the Bronze Star Medal, the Good Conduct Medal, the World War II Victory Medal, and the Belgian Fourragere.

BOARD VOTE:

__ RVO__ __JPI___ _WDP__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O'Connor, Jr.
                  CHAIRPERSON




INDEX

CASE ID AR2001062484
SUFFIX
RECON
DATE BOARDED 20011129
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY DASA
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


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