PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 November 2001
         DOCKET NUMBER: AR2001062776


         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. W. E. Schnupp		Analyst

The following members, a quorum, were present:

Mr. Walter T. Morrison		Chairperson
Mr. Arthur A. Omartian		Member
Mr. Curtis L. Greenway		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, that he be awarded the Bronze Star Medal, the Silver Star and the Purple Heart with cluster.

3. The applicant states that he believes an oversight was made in not being awarded the Bronze Star decoration, the Silver Star decoration and the Purple Heart decoration with cluster respectively, for gallantry, bravery and wounds/injuries incurred in battle during his enlistment. He contends that while assigned at Liverpool Harbor, England he came under constant air-raid bombings by the Germans. During such an air strike, while he was unloading rail trains, the trains were shaken loose and he had to jump 40 feet to the pier to save himself from being crushed by the loose rail cars. His jump resulted in injuries that required his hospitalization as the enclosed medical report attest. On another occasion, in Africa a year later, an explosion during a direct bombing attack by the enemy threw him several feet and rendered him unconscious. Neither of these two incidents was cited on his behalf for the Bronze Star, the Silver Star or the Purple Heart with cluster.

4. In support of his request, he submits a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation, and other documents, military reports and hospitalizations records as evidence of his contention of oversight by the Army in not awarding him the Bronze Star decoration, the Silver Star decoration and the Purple Heart with cluster.

5. The applicant’s military record shows that he enlisted on 5 February 1941, was trained as a winch operator and served in the European Theater of Operations from July 1942 to July 1945. He was honorably discharged at demobilization on 17 July 1945 in the grade of technician 4^th grade.

6. His awards include the Good Conduct Medal, the American Defense Service Medal, the European-African-Middle Eastern Campaign Medal with 5 bronze service stars and the World War II Honorable Service Lapel Button.

7. A Medical Department Patient Identification and Treatment Form, dated 10 August 1942, shows that the applicant was treated for contusions to both feet which occurred at Liverpool, England, on 9 August 1942. He was released from the hospital to duty on 14 August 1942, with the medical officer’s diagnosis: contusion, severe, both feet, accidentally occurred at docks of Liverpool, 1200 hours, 9 August 1942.

8. A Medical Department Patient Identification and Treatment Form, dated 21 May 1943, shows that the applicant was treated on 19 May 1943 for bomb concussion sustained during an air raid that threw him to his knees. He was unconscious for about 4 to 5 minutes.

9. The applicant’s Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement, completed on 16 July 1945, reflects two significant diseases/wounds/injuries during his service. One, was fractures of both ankles suffered in August 1942, in Liverpool Harbor, England, and the second, was gastritis suffered in May 1944, in Naples, Italy.

10. Army Regulation 600-22-8, Military Awards, provides that the Silver Star is awarded to a person, who while serving in any capacity with the US Army, is cited for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in armed conflict against an opposing armed force in which the United States is not a belligerent party. The required gallantry, while of a lesser degree than that required for the Distinguished Service Cross, must nevertheless have been performed with marked distinction.

11. The same regulation provides, that the Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.

12. The same regulation provides 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.

13. The awards regulation provides that the Army of Occupation Medal of Germany was awarded for service for 30 consecutive days at a normal post of duty while assigned to the Army of Occupation of Germany (exclusive of Berlin) between 9 May 1945 and 5 May 1955.

14. It also authorized the American Campaign Medal to be awarded for service in the American Theater between 7 December 1941 and 2 March 1946; and, the World War II Victory Medal for service between 7 December 1941 and 31 December 1946.






15. The awards regulation provides that service stars are worn on campaign and service ribbons to denote an additional award. A silver service star is worn instead of five bronze service stars.

CONCLUSIONS:

1. The applicant has provided no evidence and his record contains no evidence showing that he was involved in any action or was cited for gallantry or heroic accomplishment that would warrant award of the Silver Star or the Bronze Star Medal. In the absence of such information, there is no basis to award the Silver Star or the Bronze Star Medal.

2. It appears that he was injured as a direct result of an enemy bombardment when he was knocked unconscious because of bomb concussions on 19 May 1943. The injury is well documented in his medical record and he should have been awarded the Purple Heart for the injury. However, the injury to his feet suffered at Liverpool Harbor, England, on 9 August 1942, according to the medical report, appears to have been an accidental injury and therefore, does not warrant award of the Purple Heart.

3. The applicant did participate in five campaigns during his European service, and was awarded the European-African-Middle Eastern Campaign Medal with 5 bronze service stars. Under current criteria, those 5 bronze service stars are convertible to 1 silver service star for wear on the medal.

4. Based on his period of service, the applicant is also entitled to have the Army of Occupation Medal of Germany, the American Campaign Medal and the World War II Victory Medal reflected on his separation document.

5. 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 be corrected by:

         a. showing that the individual concerned was awarded the Purple Heart for wounds received in action on 19 May 1943; and






         b. showing that he was also awarded the Army of Occupation Medal with Germany Clasp, the American Campaign Medal and the World War II Victory Medal.

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

BOARD VOTE:

__aao __ ____wtm ____clg__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________Walter T. Morrison ____
                  CHAIRPERSON

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INDEX

CASE ID	AR2001062776
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	YYYYMMDD
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. 107.00
2.
3.
4.
5.
6.