PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 7 February 2002
         DOCKET NUMBER: AR2001064977


         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
Ms. Margaret K. Patterson		Member
Mr. Lester Echols		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 award of the Purple Heart.

3. The applicant states, in effect, that he was awarded the Purple Heart as a result injuries sustained in action against the enemy action on 23 November 1944 in Germany.

4. In support of his application, the applicant provided an unidentified document which states: “Private First Class [applicant’s name omitted and Army serial number omitted] Co K, 334th Infantry Regiment, United States Army, for injuries received as a result of enemy action on 23 November 1944 in Germany.” This document appears to be an extract from an order awarding the Purple Heart to the applicant.

5. 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 the applicant was inducted on 7 July 1943 and entered active duty on 28 July 1943. He arrived in the European-African-Middle Eastern Theater of Operations on 1 October 1944 and served there until December 1945. The applicant was honorably discharged on 16 April 1947.

6. The applicant’s records contain two WD AGO Forms 53-55 (Enlisted Record and Report of Separation). Discharge document #1 has a separation date of 12 November 1945 and shows that the applicant was separated for the purpose of joining the Regular Army. The second discharge document shows that the applicant enlisted on 13 November 1945 and was separated on 16 April 1947. Neither of these records show in item 33 (Decorations and Citations) that the applicant was awarded the Purple Heart. Neither of these records show in item 34 (Wounds Received in Action) that he was wounded in action.

7. The applicant’s reconstructed records contain hospital admission records which show that he was admitted as a battle casualty on 27 November 1944 for injuries resulting from artillery shell blast effects.

8. The Board noted that the applicant is entitled to other decorations and awards in addition to the European-African-Middle Eastern Service Ribbon, the Good Conduct Medal, the World War II Victory Medal, the Expert Infantryman Badge and Combat Infantryman Badge shown on his WD AGO Forms 53-55.

9. The Board noted that the applicant was awarded the Combat Infantryman Badge, but that his discharge document does not show award of the Bronze Star Medal based on award of the Combat Infantryman Badge.

10. The Board noted that the applicant’s WD AGO Forms 53-55 show that he served over one year of “Continental Service” during World War II.

11. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows those World War II units awarded occupation credit which is the authority for award of the Army of Occupation Medal to soldiers assigned to those units during the period of qualifying service. This document shows the applicant’s unit received occupation credit for Germany for the period from 2 May to 31 October 1945.

12. Army Regulation 600-8-22 (Military Awards) 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. 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.

14. 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.

15. 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.
CONCLUSIONS:

1. Hospital admission records show the applicant was treated as a battle casualty on 27 November 1944. An unidentified record, which appears to be the extract of an order, was submitted by the applicant. This document states that he was wounded in action on 23 November 1944 which is consistent with the hospitalization shown in the admission records. Therefore, based on the best evidence available, the Board determined that the applicant is entitled to award of the Purple Heart and amendment of his WD AGO Form 53-55, with a separation date of 12 November 1945 to show this award and the date of his wounding as 23 November 1944.

2. Records show the applicant was awarded the Combat Infantryman Badge during World War II; therefore, the applicant is 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.

3. Records show the applicant performed over one year of “Continental Service” during World War II. Therefore, the applicant is entitled to award of the American Campaign Medal and correction of his records to show this service medal.

4. Department of the Army Pamphlet 672-1 shows the unit to which the applicant was assigned during World War II units awarded occupation credit for service in Germany. The applicant was assigned to the unit during the period it was cited for occupation credit; 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.

5. 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 the individual concerned was awarded the Purple Heart in item 33 (Decorations and Citations) of the WD AGO Form 53-55 with a separation date of 12 November 1945;

         b. by deleting the entry, “NONE” currently in item 34 (Wounds Received in Action) of his WD AGO Form 53-55 with a separation date of 12 November 1945;

         c. by placing the entry, “ARTILLERY BLAST, 23NOV1944, GERMANY” in item 34 of his WD AGO Form 53-55 with a separation date of 12 November 1945; and
         d. by showing in item 33 (Decorations and Citations) of his WD AGO Form 53-55 with a separation date of 16 April 1947 the individual concerned was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge, the American Campaign Medal and the Army of Occupation Medal with Germany Clasp in addition to the World War II Victory Medal which is already shown on in item 33 of this discharge document.

BOARD VOTE:

__FNE__ __MKP__ ___LE___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Mr. Fred N. Eichorn__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001064977
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020207
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	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.