PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 January 2002
         DOCKET NUMBER: AR2001064946


         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. 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.

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2. The applicant requests correction of his records to show his birth date as 26 December 1924 instead of 26 November 1924, to show he served in the 75th Infantry Division, to show he was a prisoner of war and to show he was in a convalescent hospital for nine months.

3. The applicant states, in effect, his WD AGO Form 53-55 (Enlisted Record and Report of Separation) is incomplete.

4. The applicant’s military records are complete; however, they sustained some damage in the fire at the National Personnel Records Center in 1973. As a result some documents in the applicant’s records are not complete or cannot be read.

5. The applicant’s military records show he entered active duty on 26 March 1943. He arrived in the European-African-Middle Eastern Theater of Operations on 2 November 1944 and served as a rifleman (specialty 745). He was captured on 15 January 1945 by German forces and was liberated on 18 April 1945. The applicant was separated from active duty on 14 January 1946.

6. The applicant did not provide a certified birth certificate with his application to the Army Board for Correction of Military Records (ABCMR). Item 10 (Date of Birth) on his WD AGO 53-55 contains the date 26 November 1924. His Report of Physical Examination and Induction shows his date of birth as 26 November 1924. The applicant’s WD AGO Form 24 (Service Record) shows his birth date is 26 November 1924. A certificate in the applicant’s repatriation file, which is signed in his own hand, states that his birth date is 26 December 1924. In the absence of a certified birth certificate and in view of the conflicting information in the applicant’s records, correction of his birth date will not be addressed further in these Proceedings. However, the applicant may provide a certified copy of his birth certificate with a request for further review of this issue by the ABCMR.

7. The applicant’s WD AGO Form 53-55 shows in item 6 (Organization) the entry, “Company G 291st Infantry Regiment.” His personnel records show that the 291st Infantry Regiment was a subordinate unit of the 75th Infantry Division. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, lists units which served during World War II and shows the 291st Infantry Regiment was assigned to the 75th Infantry Division.

8. The applicant’s repatriation file confirms information in his personnel records showing he was a prisoner of war of the German government from 15 January 1945 and was liberated on 18 April 1945.

9. The applicant’s repatriation file contains records which show that he sustained a gunshot wound to the chest as a result of hostile action on 15 January 1945. A WD AGO Form 0707 (Record of Award of the Purple Heart) in the applicant’s repatriation file is damaged. However, the partial WD AGO 0707 shows that he was awarded the Purple Heart at a General Hospital at APO 168-A by General Order Number 20, dated 25 April 1945. A Medical Department Form in the applicant’s personnel records shows that he was admitted to the 112th General Hospital at APO 168-A on 20 April 1945 and remained there until 9 May 1945.

10. The applicant’s repatriation file contains a 2nd Indorsement, dated 11 October 1945, from the War Department Adjutant General to the Commander of the Lovell General Hospital at Fort Devens, Massachusetts. This document states in part that the applicant’s “award of the Combat Infantryman Badge will be the subject of a separate communication.” The basic correspondence is not in the available records; however, a memorandum for record on the 2nd Indorsement states that the basic letter was dated 24 August 1945 and requested the Adjutant General forward a copy of the orders awarding the Combat Infantryman Badge to the applicant. Those orders are not in the available records.

11. The applicant’s WD AGO From 53-55 does not contain entries showing that he was hospitalized for nine months. However, the applicant’s service personnel and medical records show he was transferred from the 112th General Hospital to Lovell General Hospital at Fort Devens on 16 May 1945 for convalescence. Medical records also show that, on 5 October 1945, the applicant was transferred to the Convalescent Hospital at Camp Edwards, Massachusetts, where he remained until his separation on 14 January 1946. The applicant’s records and WD AGO 53-55 show that he was separated with a Certificate of Disability for Discharge, dated 10 January 1946, from the Hospital Center at Camp Edwards.

12. 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.

13. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the POW Medal. The regulation states that the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

14. Army Regulation 635-5 (Separation Documents) establishes current standardized policy for preparing and distributing discharge documents. In pertinent part, it directs that, in the case of prisoners of war, the unit of assignment, country and dates of capture and release will be entered in the “Remarks” section of the discharge document.
15. War Department Circular 269-1943 established the Combat Infantryman Badge to recognize and provide an incentive to infantrymen. 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)

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 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 the Combat Infantryman Badge during World War II.

17. Department of the Army Technical Manual TM 12-235 did not authorize listing assignments or periods of hospitalization on the WD AGO Form 53-55 during World War II.

CONCLUSIONS:

1. Item 6 (Organization) of the applicant’s WD AGO Form 53-55 correctly shows the 291st Infantry Regiment as his unit of assignment during World War II. Evidence also shows the 291st Infantry Regiment was a subordinate unit of the 75th Infantry Division. After considering this matter, the Board determined it would be appropriate in this case to make the record complete by adding the entry “75th Infantry Division“ in item 6 as an exception to regulation.

2. Evidence of record shows the applicant was a prisoner of war of the German government from 15 January 1945 through 18 April 1945. Therefore, he is entitled to award of the Prisoner of War Medal and correction of his records to shows this award.

3. Since current regulations require discharge documents to show prisoner of war status, the Board determined that, based on these current standards, it is appropriate to correct the applicant’s records to show his prisoner of war status. Therefore, the applicant is entitled to correction of his records to show the entry “Prisoner of War, 291st Infantry Regiment, Germany, 450115-450418.”

4. Records clearly establish that the applicant sustained a gunshot wound (GSW) as a result of hostile action in Germany on 15 January 1945. Although there are no orders in the applicant’s records awarding him the Purple Heart, the Board determined from a partial WD AGO 0707 and medical records that he was awarded the Purple Heart based on 112th General Hospital General Order Number 20, dated 25 April 1945. Therefore, he is entitled to correction of his records to show award of the Purple Heart and correction of his records to show that he sustained a gunshot wound on 15 January 1945 in Germany.

5. There are no orders available which award the Combat Infantryman Badge to the applicant. However, the Board noted that those orders apparently existed and were requested while the applicant was hospitalized prior to his discharge. In view of the facts that the applicant was wounded as a result of hostile action and continued to resist until he was captured, the Board determined that he demonstrated “exemplary conduct in action against the enemy.” Therefore, in the absence of orders awarding him the Combat Infantryman Badge, the Board has determined that the applicant is entitled to award of the Combat Infantryman Badge and correction of his records to show this badge.

6. Based on the applicant’s award of the Combat Infantryman Badge, he is also entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his records to show this decoration.

7. The Board noted the applicant’s request to show his periods of hospitalization on his WD AGO 53-55. However, the Board also noted that information related to the applicant’s hospitalization, convalescence and separation with Certificate of Disability for Discharge is properly filed in his service personnel and medical records and that there is no regulatory provision for listing this information on the WD AGO Form 53-55. Based on these facts, the Board determined that there is no error, injustice, or authority which warrants amendment of the applicant’s WD AGO Form 53-55 to show his periods of hospitalization and convalescence.

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:

         a. by adding the entry “75th Infantry Division“ in item 6 (Organization) of his WD AGO From 53-55;

         b. by showing the individual concerned was awarded the Prisoner of War Medal;

         c. by showing in item 55 (Remarks) of his WD AGO Form 53-55 the entry, “Prisoner of War, 291st Infantry Regiment, Germany, 450115-450418”;

         d. by showing he was awarded the Purple Heart;

         e. by showing in item 34 (Wounds Received in Action) of his WD AGO 53-55 the entry, “GSW 15 JAN 45 GERMANY”;

         f. by showing he was awarded the Combat Infantryman Badge for exemplary conduct in action against the enemy in the European Theater during the Ardennes-Alsace Campaign; and

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

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__TSK__ ___JTM__ __FNE___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Mr. Fred N. Eichorn__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001064946
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	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.