PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 December 2001
         DOCKET NUMBER: AR2001062930


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Ms. Karol A. Kennedy		Chairperson
Mr. Ronald E. Blakely		Member
Mr. Thomas E. O’Shaughnessy		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 correction of item 6 (Organization) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show he served in the 358th Infantry Regiment of the 90th Infantry Division. He also requests correction of his records to show award of the Purple Heart and the Bronze Star Medal.

3. The applicant states that his records incorrectly show that he was in the 350th Infantry Regiment of the 9th Infantry Division. He contends that his records do not show that he was awarded the Purple Heart. In support of his application, he submits an altered copy of his WD AGO Form 53-55, a DA Form 1577 (Authorization for Issuance of Awards), and an award certificate for the Purple Heart.

4. The applicant’s military records were destroyed or lost in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that he entered active duty on 30 September 1943. He served in the European-African-Middle Eastern Theater of Operations from 19 April 1944 to 10 December 1945. The applicant was honorably discharged from active duty on 5 January 1946.

5. The applicant provided a copy of his WD AGO Form 53-55 wherein he altered item 6 (Organization) to show the entry “358TH INF 90TH INF DIV”. As a result, the Board was unable to determine the unit to which the applicant was assigned prior to his discharge. There is no original copy of the applicant’s WD AGO Form 53-55 available for review by the Board.

6. The applicant’s Final Payment Worksheet shows at the time of separation he was assigned to the Service Company of the 358th Infantry Regiment at Camp Kilmer, New Jersey. There is no evidence available to the Board which shows the unit to which the applicant was assigned in the European-African-Middle Eastern Theater of Operations.

7. The Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, does not list the 350th Infantry Regiment, 9th Infantry Division as an authorized unit which served during World War II. This document does list the 358th Infantry Regiment, 90th Infantry Division as an authorized unit.

8. The Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register shows that the 358th Infantry Regiment, 90th Infantry Division received campaign credit for the Normandy Campaign (6 June 1944-24 July 1944), the Northern France Campaign (25 July 1944-14 September 1944), the Ardennes Campaign (16 December 1944-25 January 1945), the Rhineland Campaign (15 September 1944-21 March 1945), and the Central Europe Campaign (22 March 1945-11 May 1945).
9. Item 32 (Battles and Campaigns) of the applicant’s WD AGO Form 53-55 shows he received campaign credit for participation in Normandy, Northern France, Ardennes, Rhineland, and Central Europe.

10. The applicant’s WD AGO Form 53-55 does not show the Purple Heart or the Bronze Star Medal as authorized awards.

11. The applicant provided a copy of an award certificate, dated 19 September 1960, which shows he was awarded the Purple Heart for wounds received in action on 6 July 1944 in France.

12. The applicant’s WD AGO Form 53-55 shows award of the Combat Infantryman Badge in item 31 (Military Qualification and Date).

13. The applicant’s records contain a DA Form 1577 (Authorization for Issuance of Awards), dated 19 September 1960, which shows the applicant was issued an award of the Purple Heart and the Bronze Star Medal. However, there is no evidence that the applicant’s discharge document was ever amended to show these awards.

14. Department of the Army Technical Manual TM 12-235 (Discharge Procedures and Preparation of Separation Forms) established the policies and procedures for completion and distribution of the WD AGO Form 53-55 (Enlisted Record and Report of Separation) during World War II. This regulation states the last unit, or similar element, to which an individual was assigned, rather than the element of which he was a part while moving to a separation activity, will be entered in item 6 (Organization) of the WD AGO Form 53-55. The regulation also notes that assignment to units for the purpose of transfer from a theater to the United States is considered part of the movement to a separation activity.

15. 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, and the medical treatment must have been made a matter of official record.

16. 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. This provision did not go into effect until 10 September 1947 when Change 12 to Army Regulation 600-45 (Decorations) was published.

CONCLUSIONS:

1. The Board cannot determine the entry in item 6 (Organization) of the applicant’s WD AGO Form 53-55.

2. The applicant’s Final Payment Worksheet shows that he was assigned to the Service Company of the 358th Infantry Regiment at the time of his separation from the service.

3. The Board determined that the Final Payment Worksheet is sufficient as a basis for amending item 6 (Organization) of the applicant’s WD AGO Form 53-55 to show the entry “358th Infantry Regiment, 90th Infantry Division”.

4. There are no orders available to the Board which authorize award of the Purple Heart to the applicant. However, the applicant has provided an award certificate which shows he was awarded the Purple Heart on 19 September 1960 for wounds sustained in France on 6 July 1944. Upon review, the Board has determined that this evidence is sufficient as a basis for award of the Purple Heart. Therefore, his WD AGO Form 53-55 will be amended to show award of the Purple Heart.

5. Based on paragraph 3, above, the applicant is also entitled to correction of item 34 (Wounds Received in Action) of his WD AGO Form 53-55 to show the entry “France, 6 July 1944”.

6. The applicant’s WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge during World War II.

7. Based on award of the Combat Infantryman Badge, the applicant is entitled to award of the Bronze Star Medal; therefore, his WD AGO Form 53-55 will be amended to show award of the Bronze Star Medal.

8. 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 the individual concerned be corrected:

a. by amending item 6 (Organization) of his WD AGO Form 53-55 to show the entry “358th Infantry Regiment, 90th Infantry Division”; and

b. by showing he was awarded the Purple Heart and the Bronze Star Medal (based on award of the Combat Infantryman Badge).

BOARD VOTE:

KAK____ REB_____ TEO____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Karol A. Kennedy______
                  CHAIRPERSON

---

INDEX

CASE ID	AR2001062930
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20011211
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	100.0000
2.	107.0000
3.
4.
5.
6.