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Decision Text

ARMY | BCMR | CY2001 | 2001062730C070421
Original file (2001062730C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 February 2002
         DOCKET NUMBER: AR2001062730


         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. Vic Whitney Analyst


The following members, a quorum, were present:

Mr. John N. Slone

Chairperson
Mr. John E. Denning

Member
Ms. Barbara J. Ellis

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 the award of the Purple Heart.

3. The applicant states that his discharge papers do not show his award of the Purple Heart. He submits copies of: 1) his WD AGO Form 53-55 (Enlisted Record and Report of Separation), 2) his WD-AGO Form 100 (Separation Qualification Record), and 3) a Western Union Telegram.

4. The applicant’s military records were lost or destroyed in the 1973 fire at the National Personnel Records Center. This case was reviewed with documents provided from other sources.

5. The applicant was inducted and entered active duty on 2 April 1943. He served in the European Theater as a tank gunner and armored infantry squad leader from 29 November 1943 through 1 February 1945. Effective 15 June 1945 he was separated in the grade of staff sergeant with a Certificate of Disability for Discharge. His authorized awards include the Combat Infantryman Badge.

6. His WD AGO Form 53-55 shows that he was wounded in action on 5 October 1944. A telegram from the Army Adjutant General to the applicant’s father states that the applicant was slightly wounded in action in Germany on 5 October. An Army report from the Office of The Surgeon General shows that he was wounded in the thigh on 5 October 1944 and was declared a battle casualty.

7. Also in the applicant’s records is a DA Form 1577 (Authorization for Issuance of Awards) which shows that the applicant was issued a Bronze Star Medal based on his award of the Combat Infantryman Badge.

8. Army Regulation 600-8-22 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 by a medical officer, and the medical treatment must have been made a matter of official record.

9. The regulation 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. An award of the Combat Infantryman Badge is considered to be a citation in orders.



10. The World War II Victory Medal was established by an act of Congress on 6 July 1945. It is awarded for service between 7 December 1941 and 31 December 1946.

CONCLUSIONS:

1. There is sufficient evidence of record to show that the applicant was wounded in action and entitled to an award of the Purple Heart.

2. The applicant is also entitled to have his records corrected to show an award of the Bronze Star Medal, based on the Combat Infantryman Badge, and entitlement to the World War II Victory Medal.

3. 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 for the individual concerned be corrected by:

         a. showing that he was wounded as a result of enemy action on 5 October 1944 and entitled to the Purple Heart;

b. showing that he was awarded the Bronze Star Medal based on the Combat Infantryman Badge; and

         c. showing that he is entitled to the World War II Victory Medal.

BOARD VOTE:

___js___ __jd___ ___be___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___John N. Slone___
                  CHAIRPERSON




INDEX

CASE ID AR2001062730
SUFFIX
RECON
DATE BOARDED 20020214
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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