PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 31 January 2002
         DOCKET NUMBER: AR2001064757


         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.

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2. The applicant requests award of the Purple Heart.

3. The applicant states that he never received award of the Purple Heart. In support of his application he submitted a copy of an Honorable Discharge Certificate; a copy of a mimeograph form entitled, “ENLISTED RECORD AND REPORT OF SEPARATION HONORABLE DISCHARGE”; a copy of his WD AGO 100 (Army Separation Qualification Record); a copy of a DA Form 1577 (Authorization for Issuance of Awards), dated 6 March 1962; a copy of a DA Form 1577, dated “9-4-99”, a 15 April 1955 letter from a national service officer of Disabled American Veterans to the New York City Postmaster; a 14 April 1955 letter from a medical doctor at a Veterans Administration Hospital to the Postmaster of New York City; and a 16 November 1953 letter from a medical doctor at a Veterans Administration Hospital.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that he was inducted on 5 September 1944. He served in the European-African-Middle Eastern Theater of Operations from 31 January 1945 through 28 May 1945 and was honorably separated from active duty on 2 October 1945.

5. The applicant’s reconstructed records do not contain a WD AGO Form 53-55 (Enlisted Record and Report of Separation) which was the discharge document in effect at the time of the applicant’s discharge from the Army. Instead, the applicant’s records contain a form identified as a “MIMEO CD #10” [mimeograph certificate of disability]. This form is stamped with the seal “RECEIVED APR [April] 17 1946 Veterans Administration Rehabilitation Officer Regional Office New York, N.Y.” and this form is authenticated with the name of the applicant and a personnel office typed in item 56 (Signature of the Person Being Separated) and item 57 (Signature of Personnel Officer), respectively. Item 32 (Battles and Campaigns) has been altered by striking over with a typewriter and the entry “Decorations and Citations” typed in. Also, Item 33 (Decorations and Citations) has been altered by striking over “Decorations and Citations” and entering “Battles and Campaigns.”

6. The MIMEO CD #10 from the applicant’s records does not show award of the Purple Heart in item 32. Item 34 (Wounds Received in Action) contains no entry.

7. The copy of this form provided by the applicant does not show award of the Purple Heart in item 32. This form does show the numeral “1” in item 34 (Wounds Received in Action). This numeral is typed in a font different from the type originally used on the MIMEO CD #10.

8. The applicant’s Army Separation Qualification Record makes no reference to wounds sustained as a result of hostile action or award of the Purple Heart. The DA Forms 1577 submitted by the applicant do not show that he was issued a Purple Heart.

9. The 15 April 1955 letter from a national service officer of Disabled American Veterans to the New York City Postmaster states that the letter is written at the request of the applicant, that the applicant served honorably from 5 September 1944 to 2 October 1945, and that, during this service, he “suffered a brain concussion due to a near blast.” The national service officer also wrote that subsequent to discharge a “diagnosis of epilepsy, grand mal and petit mal, was made which was the result of the brain trauma suffered in service.”

10. The 14 April 1955 letter from a medical doctor at a Veterans Administration Hospital to the Postmaster of New York City states that the applicant has been under his care since January 1955 for epilepsy arising from a concussion received while in combat in the European Theater of Operations during World War II.

11. The 16 November 1953 letter from a medical doctor at a Veterans Administration Hospital to the Postmaster of New York City states that applicant was under his care in the fall of this year [1953]. The doctor states that since 1944 the applicant has been suffering from a condition which was caused while he was in combat action in Germany. He continues that a shell exploded in the applicant’s vicinity and the applicant suffered a severe brain concussion.

12. The DA Form 1577, dated 6 March 1962, is proof that the applicant’s service personnel records were reviewed prior to the 1973 fire at the National Personnel Records Center. At the time his records were reviewed, the reviewing official determined that the applicant had been awarded the Combat Infantryman Badge, the Bronze Star Medal based on award of the Combat Infantryman Badge, the Distinguished Unit Emblem (now known as the Presidential Unit Citation), and the World War II Victory Medal which are not shown on the MIMEO CD #10. However, it is also apparent that this review determined that the applicant was not awarded the Purple Heart.

13. The DA Form 1577, dated “9-4-99”, authorizes the applicant to be issued the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with one bronze service star, the World War II Victory Medal, the Army of Occupation Medal with Germany Clasp and the Honorable Service Lapel Button-WW II. The applicant’s service records were destroyed in the 1973 fire at the National Personnel Records Center; therefore, authority to issue these awards shown on this DA Form 1577 could not have been based on review of his records.

14. 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. The Awards Branch, Total Army Personnel Command, has advised in similar cases that, 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)

15. 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.

16. Army Regulation 600-8-22 (Military Awards) 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. The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946.

17. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, units awards authorized for units which served during World War II. This document shows the 253rd Infantry Regiment received the Distinguished Unit Citation for actions during the period 7 to 24 February 1945. The applicant was assigned to the 253rd Infantry Regiment during the period for which it was cited for this unit award by War Department General Order 45-46.

18. 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. 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 that the 253rd Infantry Regiment received occupation credit in Germany from the period 2 May to 18 September 1945

19. 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.

20. Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration. DD Form 214 (Certificate of Release or Discharge) alone should not be the sole basis for recording a decoration. This document may be used to initially enter a decoration; however, if the validity of the award on the DD 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.

CONCLUSIONS:

1. There is no evidence the applicant was awarded the Purple Heart. The MIMEO CD #10 form in the applicant’s records shows that he did not receive wounds as a result of hostile action. The MIMEO CD #10 form presented with the application to the Board was altered to show the numeral “1” in item 34 (Wounds Received in Action).

2. The Board noted the statements by the Disabled American Veterans national service officer and the Veterans Administration doctors which state that the applicant has epilepsy resulting from a “severe brain concussion” sustained in combat in Germany when an artillery shell exploded near the applicant. However, there is a statement by one doctor which indicates the applicant’s condition has existed since 1944. The Board noted that the applicant did not arrive in Europe until 31 January 1945; therefore, the applicant could not possibly have been wounded or injured as a result of hostile action in 1944.

3. The Board also noted that there is no evidence the applicant was hospitalized and/or evacuated from Germany prior to the end of hostilities on 7 May 1945.

4. In the absence of military records which show the applicant was wounded as a result of hostile action and in view of the altered document and conflicting statements presented by the applicant, the Board determined that there is insufficient evidence upon which to base award of the Purple Heart in this case.

5. There are no orders in the reconstituted records available to this Board which show the Combat Infantryman Badge was awarded to the applicant. However, the Board determined that the applicant’s service personnel records were available to the official who authorized issuance of the Combat Infantryman Badge to him on 6 March 1962. In view of these facts, the Board, as an exception to the regulatory requirement for orders awarding the Combat Infantryman Badge, has determined that, based on the best available evidence, the applicant was awarded the Combat Infantryman Badge. Therefore, it would be appropriate to correct his records to show this badge.

6. Based on award of the Combat Infantryman Badge, the applicant is entitled to award of the Bronze Star Medal. Therefore, it would be appropriate to correct his records to show this decoration.

7. The applicant was honorably discharged and there is no evidence of indiscipline or lost time in his case. In view of these facts, the Board has determined that the applicant is entitled to award of the Good Conduct Medal based on a period of service during World War II of more than one year but less than three years. Specifically, he is entitled to award of the Army Good Conduct Medal for the period 5 September 1944 through 2 October 1945. Therefore, he is entitled to correction of his records to show this award.

8. Evidence of record shows that, while the applicant was assigned to the 253rd Infantry Regiment, it was cited for award of the Distinguished Unit Citation; therefore, he is entitled to correction of his records to show this unit award.

9. Evidence of record shows that the unit to which the applicant was assigned in Germany during World War II received campaign credit for the period 2 May to 18 September 1945. Therefore, the applicant is entitled to award of the Army of Occupation Medal with Germany Clasp and correction of his records to show this award.
10. Based on his service during World War II, the applicant is entitled to award of the World War II Victory Medal and correction of his records to show this award.

11. 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 individual concerned is entitled to award of the Combat Infantryman Badge, the Bronze Star Medal based on award of the Combat Infantryman Badge, the Good Conduct Medal for the period 5 September 1944 through 2 October 1945, the Distinguished Unit Citation, 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

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INDEX

CASE ID	AR2001064757
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020131
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.

The applicant’s service personnel records were lost or destroyed in the 1973 fire at the National Personnel Records Center. As a result there is no WD AGO Form 53-55 (Enlisted Record and Report of Separation) in the reconstructed records available to the Board. The Board noted that the applicant’s reconstructed records contain a MIMEO CD #10 which is also identified as an “ENLISTED RECORD AND REPORT OF SEPARATION HONORABLE DISCHARGE” and provides information regarding the applicant’s service used by the Board in this case.