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ARMY | BCMR | CY2001 | 2001062870C070421
Original file (2001062870C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 May 2002
         DOCKET NUMBER: AR2002062870


         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. P. A. Castle Analyst

The following members, a quorum, were present:
Ms. Jennifer L. Prater Chairperson
Ms. Barbara J. Ellis Member
Mr. Thomas Lanyi 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 his report of discharge (WD AGO Form 53-55) be corrected to show he was awarded the Purple Heart (PH) and was issued the Expert Infantryman Badge (EIB).
3. The applicant states he was awarded the PH in the winter of 1944/1945 and he submits to the Board a copy of the back side of the medal as evidence. He contends the reason the PH and the EIB were not recorded is because he served on active duty twice and he has two reports of discharge documents (WD AGO Form 53-55).

4. The applicant's military records were not available therefore, the information was extracted from reconstructed records. The applicant was inducted on 3 November 1943, and he entered active duty on 8 December 1943. He served in the battles and campaigns of Rhineland, Central Europe and Ardennes Alsace. He was honorably released from active duty as a Staff Sergeant for the purpose of enlistment on 28 November 1945. He was credited with 1 year, 11 months, and 21 days active duty service. He was awarded the Combat Infantryman Badge (CIB), the Silver Star Medal, and the European-African-Middle Eastern Campaign Medal. His participation in the battles and campaigns while serving during World War II entitles him to three bronze service stars (BSS) to be affixed to his already awarded European-African-Middle-Eastern Campaign Medal in accordance with Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register). In item 34 of the WD AGO Form 53-55 entitled “wounds received in action,” reflects “none.” He signed and authenticated it as correct on 28 November 1945, prior to separation.

5. The award of the Combat Infantryman Badge or the Combat Medical Badge was considered to be citation in orders. This means, in effect, that the Bronze Star Medal was to be awarded to individuals who were authorized either badge for service during World War II.

6. On 29 November 1945, the applicant enlisted for a period of three years. After serving, 1 year, 5 months, and 15 days he was honorably discharged on 13 May 1947, and was awarded the World War II Victory Medal. In item 34 of the WD AGO Form 53-55 entitled “wounds received in action”, it reflects “none.” He signed and authenticated it as correct on 13 May 1947, prior to separation.

7. The applicant submits a copy of the back of a PH medal as evidence that he does have the medal and that it bears his name. However, the copy submitted to the Board is not legible and the name is not visible.

8. Army Regulation 600-8-22 provides that bronze service stars are awarded to represent participation in designated campaign periods. During the World War II era the bronze service stars were affixed to the European-African-Middle Eastern Campaign Medal.

9. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.

10. Army Regulation 600-8-22 prescribes Army policy and procedures for awards, and Paragraph 8-8 provides for award of the Expert Infantryman Badge. Award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size. To be eligible for testing and award of the Expert Infantryman Badge, a soldier must be in an active Army status and must have an infantry or Special Forces specialty.

11. Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal (BSM) 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 in the available records to show that the applicant sustained a wound that required treatment by a medical officer and that the treatment was made a matter of an official record.

2. There is no available substantiating medical evidence to show that the applicant was wounded as the result of enemy action.

3. There is no evidence in the available records to show that the applicant qualified for the EIB by satisfactorily completing the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.

4. The evidence of record does support the fact that the applicant was awarded the Combat Infantryman Badge for service performed during World War II and is therefore entitled to be awarded the Bronze Star Medal. The record also confirms the applicant is entitled to three bronze service stars for his already awarded European-African-Middle Eastern Campaign Medal.

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 awarding the individual concerned the Bronze Star Medal, three bronze service stars for his already awarded European-African-Middle Eastern Campaign Medal, and by correcting his military records accordingly.

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

 BOARD VOTE :

__ be ____ ___ jlp ___ ___ tl ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Jennifer L. Prater____
                  CHAIRPERSON
INDEX

CASE ID AR2002062870
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/05/21
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 61 107.0015/PH
2. 158 107.0112/EIB
3.
4.
5.
6.



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