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Decision Text

ARMY | BCMR | CY2001 | 2001063453C070421
Original file (2001063453C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 April 2002
         DOCKET NUMBER: AR2001063453


         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. W. Osborn, Jr. Analyst


The following members, a quorum, were present:

Ms. JoAnn H. Langston Chairperson
Mr. George D. Paxson Member
Mr. Charles Gainor 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 separation document be corrected to show that he was awarded the Purple Heart.

3. The applicant states that he was wounded on 18 November 1944.

4. The applicant's military records were seriously damaged in the National Personnel Records Center fire of 1973; however they are mostly usable.

5. The applicant entered active duty on 7 March 1944, completed training as a rifleman and reached the European Theater of Operations on 25 August 1944. He was assigned by the 29th Infantry Division Replacement Center while that division was engaged in the Northern France Campaign. When the applicant joined K Company, 115th Infantry on 12 October 1944, the 29th Infantry Division was engaged in the Rhineland Campaign. On 18 November 1944, he was seriously wounded in action. General Order Number 20, dated 29 December 1944, Headquarters, 140th General Hospital awarded him the Purple Heart and he was evacuated to the United States on 4 February 1945.

6. The applicant was separated on a certificate of disability for discharge on 9 June 1945.

7. War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen. The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy. The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy. War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size. During World War II, the Combat Infantryman Badge was normally awarded only to enlisted individuals who served in the following positions:
 
a. Light machine gunner (604)
b. Heavy machine gunner (605)
c. Platoon sergeant (651)
d. Squad leader (653)
e. Rifleman (745)
f. Automatic rifleman (746)
g. Heavy weapons NCO (812)
h. Gun crewman (864)


8. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is to be awarded to individuals who had been cited in orders for exemplary conduct in ground combat or whose meritorious achievement had been otherwise documented prior to 1 July 1947. Authorization of the Combat Infantryman Badge or the Combat Medical Badge for service during World War II is considered qualifying documentation under this provision.

9. The regulation also provides that the Good Conduct Medal 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.

10. Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.

11. The regulation also provides, in pertinent part, for award of the World War II Victory Medal. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

CONCLUSIONS:

1. The applicant was awarded the Purple Heart and this should be reflected on his separation document.

2. The applicant distinguished himself by exemplary conduct in action against the enemy as evidenced by the wounds he sustained in combat. He should be awarded the Combat Infantryman Badge and the Good Conduct Medal. This would also entitle him to the Bronze Star Medal based on the Combat Infantryman Badge.

3. He participated in the Northern France and Rhineland Campaigns and earned two bronze service stars for wear on the European-African-Middle Eastern Campaign Medal and he is entitled to the World War II Victory Medal.

4. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct errors and rectify an injustice.


RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned is authorized the Bronze Star Medal, the Purple Heart, the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with two bronze service stars, the World War II Victory Medal and the Combat Infantryman Badge.

BOARD VOTE:

__JHL___ __GDP__ __CG __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                                             _ JoAnn H. Langston___
                                                     CHAIRPERSON



INDEX

CASE ID AR2001063453
SUFFIX
RECON
DATE BOARDED 20020425
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.


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