PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 31 January 2002
         DOCKET NUMBER: AR2001064325


         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr.		Chairperson
Mr. Elzey J. Arledge		Member
Ms. Regan K. Smith		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 award of the Purple Heart.

3. The applicant states that he had a concussion and can remember being covered with blood, but that he had no wounds. The applicant’s records contain a 13 June 2001 letter to a Member of Congress wherein he contends that he was awarded two Purple Hearts and two Bronze Star Medals during World War II. He states that he received one Purple Heart and one Bronze Star Medal while crossing the Moselle River. The applicant states there was heavy fighting there and he was left for dead on 9 November 1944. The applicant further states that he received his second Purple Heart and Bronze Star Medal two months later on 9 January 1945 during the Battle of the Bulge. Attached to the DD Form 149 is a 31 January 1998 letter from a fellow soldier who states that he was with the applicant on 9 November 1944 and believed that the applicant was killed on that day.

4. The applicant’s military records were almost completely lost or destroyed in the National Personnel Records Center fire of 1973. Documents remaining from the applicant’s service personnel records and records obtained from alternate sources are available to the Board. These records show that he entered active duty on 22 March 1943. He served in the European-African-Middle Eastern Theater of Operations from 12 June 1944 through 14 October 1945 as a member of the 359th Infantry Regiment of the 90th Infantry Division. The applicant was honorably separated from active duty on 31 October 1945.

5. The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows that he was awarded the Purple Heart for wounds sustained in the European-African-Middle Eastern Theater of Operations on 10 January 1945. This military record does not show the applicant received a second award of the Purple Heart.

6. The applicant’s WD AGO Form 53-55 shows that he also received one award of the Bronze Star Medal, the first award of the Good Conduct Medal and two awards of the Distinguished Unit Badge (Distinguished Unit Badge with one Oak Leaf Cluster). Item 31 (Military Qualification and Date) of the applicant’s WD AGO Form 53-55 shows that he was awarded the Combat Infantryman Badge, and item 37 (Total Length of Service) shows that he served 15 months and 21 days of “Continental Service.”

7. The applicant’s records contain several documents damaged by fire. Among them are a Battle Casualty Report which shows the applicant was lightly wounded in action on 10 January 1945. A second Battle Casualty Report shows that the applicant was returned to duty on 6 February 1945. The applicant’s records also contain a letter from a Member of Congress, dated 5 February 1945, which conveys a request from the applicant’s wife in regard to her husband’s wounding on 10 January 1945.
8. There are no documents in the applicant’s reconstructed personnel records which show that he was awarded a second Purple Heart. There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action on or about 9 November 1945. There is no Congressional inquiry regarding wounds sustained by the applicant on 9 November 1944. The applicant’s WD AGO Form 53-55, which is authenticated in his own hand, shows only one award of the Purple Heart for wounds sustained on 10 January 1945.

9. The applicant’s records also contain a damaged copy of a recommendation for award for award of the Bronze Star Medal for heroic action on 11 November 1944. The description of the action does not indicate that the applicant was wounded or injured as a result of hostile action during this action. The findings of the 90th Infantry Division Citations and Awards Board shows that award of the Bronze Star Medal for heroic achievement was approved in the applicant’s case.
There is no indication in the records available to the Board that the applicant was recommended for or received a second award of the Bronze Star Medal.

10. The Board noted that the applicant is entitled to a second award of the Bronze Star Medal based on award of the Combat Infantryman Badge, the American Campaign Medal, the Army of Occupation Medal with Germany Clasp, and the World War II Victory Medal which are not shown on his WD AGO Form 53-55.

11. 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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

12. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

13. Army Regulation 600-8-22 provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Bronze Star Medal. The bronze oak leaf cluster is also awarded to denote the second and succeeding awards of the Bronze Star Medal.


14. 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; therefore, many soldiers separated prior to this date are entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge, but have never been awarded this Bronze Star Medal.

15. Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal. This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

16. Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility. For Germany, qualifying service must have been between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

17. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, will show whether or not a World War II unit was authorized occupation credit, thus entitlement to the Army of Occupation Medal. This document shows the applicant’s unit received occupation credit for Germany for the period from 2 May to 31 October 1945.

18. Army Regulation 600-8-22 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. There is no evidence in the applicant’s reconstructed personnel records which shows that he was awarded a second Purple Heart. There is no evidence in the applicant’s records which shows he was wounded or treated for wounds as a result of hostile action on or about 9 November 1944 or was wounded a second time during his service in World War II. The Board also noted that the applicant signed his WD AGO Form 53-55 attesting to the fact that he was entitled to one award of the Purple Heart for wounds sustained on 10 January 1945.

2. The Board considered the letter from the fellow soldier indicating his belief that the applicant had been killed in action on 9 November 1944 and his body was left behind. However, this letter by itself is not sufficient as a basis for award of the Purple Heart, particularly when it is clear that the applicant rejoined his unit immediately after the event on 9 November 1944 described by the fellow soldier and that available military records indicate the applicant was not wounded a second time. In the absence of medical records or other military records which show the applicant was wounded or injured a second time as a result of hostile action during World War II, there is insufficient evidence upon which to base a second award of the Purple Heart in this case.

3. Evidence of record shows the applicant was recommended for and was awarded the Bronze Star for heroic achievement in action on 11 November 1944.
There are no orders in the applicant’s personnel records which show that he was awarded a second Bronze Star Medal for his actions on or about 10 January 1945. There also is no evidence that the applicant was recommended for a second award of the Bronze Star Medal prior to his separation from active duty. In the absence of orders or a recommendation for second award of the Bronze Star Medal, there is insufficient evidence upon which to grant award of a second Bronze Star Medal to the applicant for actions on 10 January 1945.

4. Evidence of record shows that the applicant was awarded the Combat Infantryman Badge; therefore, he is entitled to award of a second Bronze Star Medal which is based on award of the Combat Infantryman Badge. As a result the applicant is entitled to the Bronze Star Medal with “V” Device for his heroic actions on 11 November 1944 and award of one bronze Oak Leaf Cluster indicating a second award of the Bronze Star Medal which in this case is based on award of the Combat Infantryman Badge.

5. Records show that the applicant served over one year of “Continental Service”; therefore, he is entitled to award of the American Campaign Medal.

6. Records show the applicant was a member of the 359th Infantry Regiment when it received occupation credit for service in Germany; therefore, he is entitled to award of the Army of Occupation Medal with Germany Clasp.
7. Based on the applicant’s service during World War II, he is entitled to award of the World War II Victory Medal.

8. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the applicant was awarded the Bronze Star Medal (First Oak Leaf Cluster) with “V” Device, the American Campaign Medal, the Army of Occupation Medal with Germany Clasp, 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:

__RVO__ __RKS__ __EJA___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Mr. Raymond V. O’Connor, Jr._
                  CHAIRPERSON

---

INDEX

CASE ID	AR2001064325
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
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.