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ARMY | BCMR | CY2001 | 2001064391C070421
Original file (2001064391C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 January 2002
         DOCKET NUMBER: AR2001064391


         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
Mrs. Victoria A. Donaldson Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Ted S. Kanamine Member
Mr. John T. Meixell 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, in effect, that he was wounded on 8 August 1944 and was awarded the Purple Heart.

4. The applicant’s military records show that he entered active duty
13 May 1943. He served in the European Theater of Operations from June 1944 through February 1945. The applicant was honorably separated from active duty on 8 July 1945.

5. The applicant's WD AGO Form 53-55 (Honorable Discharge and Enlisted Record and Report of Separation), which is authenticated in his own hand, does not show award of the Purple Heart in item 33 (Decorations and Citations). Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 shows the entry of
"8 August 1944, in Champ Du Boult, France".

6. The applicant provided a copy of a 26 August 1944 Western Union Telegram addressed to the applicant's wife from The Adjutant General of the Army. The telegram states that the applicant was slightly wounded in action while in France.

7. The applicant also provided a copy of a 15 September 1944 letter signed by The Adjutant General of the Army that states that the applicant was making normal improvement.

8. The Office of the Surgeon General Hospital List shows that the applicant was hospitalized on 8 August 1944 for an extremity injury as a result of hostile action. Specifically, the Office of the Surgeon General Hospital List shows that he was treated for "removal of foreign bodies from extremity" and hospitalized for a period of 56 days.

9. The Board noted that the applicant was entitled to additional awards and decorations which are not listed on his WD AGO Form 53-55.

10. The applicant's records contain a War Department Form 372-A (Final Payment Work Sheet) that shows he was entitled to combat infantry pay.

11. The applicant's WD AGO Form 53-55 shows that he served over one year of "Continental Service."

12. 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.
13. 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. Additionally, World War II holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay and holders of the Expert Infantryman Badge were entitled to expert infantry pay. Therefore, soldiers had economic as well as intangible reasons to ensure that their records were correct. Thus, pay records are frequently the best available source to verify entitlement to this award

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 the 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, 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. Medical evidence of record shows that the applicant was wounded in action on 8 August 1944 at Champ Du Boult, France. Therefore, the applicant is entitled to award of the Purple Heart and correction of his military records to show this award.

2. Evidence of record shows the applicant was entitled to combat infantry pay; therefore, he is also entitled to award of the Combat Infantryman Badge and correction of his military records to show this award.

3. Based on the applicant's entitlement to the Combat Infantryman Badge, he is also entitled to award of the Bronze Star Medal and correction of his military records to show this award.

4. The applicant completed over one year of “Continental Service”; therefore, he is entitled to award of the American Campaign Medal and correction of his records to show this award.

5. Based on the applicant’s service during World War II, he is entitled to award of the World War II Victory Medal and correction of his military records to show this award.

6. 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 this case be corrected:

         a. by showing that the individual concerned was awarded the Purple Heart for wounds sustained on 8 August 1944 at Champ DuBoult, France;

         b. by showing he was awarded the Combat Infantryman Badge;

         c. by showing he was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge;

         d. by showing he was awarded the American Campaign Medal; and

         e. by showing he was awarded the World War II Victory Medal.

BOARD VOTE:

__FNE__ _ _TSK __JTM__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Fred N. Eichorn____
                  CHAIRPERSON




INDEX

CASE ID AR2001064391
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020110
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. 107.0015.0000
2.
3.
4.
5.
6.


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