PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 May 2002
         DOCKET NUMBER: AR2001065233


         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. Robert J. McGowan		Analyst

The following members, a quorum, were present:

Ms. Joann H. Langston		Chairperson
Mr. John N. Slone		Member
Mr. Terry L. Placek		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 that his records be corrected to show that he was awarded the Bronze Star Medal (BSM) with Oak Leaf Cluster, the Purple Heart (PH), and the American Defense [Service] Medal.

3. In support of his request, the applicant submits: a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge); a copy of DA Form 4980-5 (BSM Certificate), dated 24 April 1992; a copy of a Citation - Award of the BSM, dated 17 February 1946, and signed by Major General Harry J. Collins, Commanding General, 42nd Infantry Division; a copy of a letter from a former doctor assigned to the Medical Detachment, 222nd Infantry Regiment, dated 26 May 1994; a copy of a 16 June 1994 letter from the former commander, Medical Detachment, 222nd Infantry Regiment; and a copy of an article from the 3 May 2000 Reading (PA) Times newspaper.

4. The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed personnel records, including the applicant's medical records.

5. The applicant was inducted into the Army of the United States on 2 May 1944. Upon completion of all required military training, he was assigned to the Infantry and further assigned to the Medical Detachment, 222nd Infantry Regiment, 42nd Infantry Division. Although he was awarded military occupational specialty (MOS) 405 (Clerk Typist), he also served as a Medic Basic (MOS 521) and a Medical Aid Man (MOS 657).

6. The applicant's WD AGO Form 53-55 shows that he was honorably separated on 13 June 1946; that he served in the European Theater of Operations from 12 February 1945 to 29 May 1946; that he participated in two campaigns - Central Europe and Rhineland; and that he was awarded the BSM, Good Conduct Medal, European-African-Middle Eastern (EAME) Campaign Medal, World War II Victory Medal, Combat Medical Badge, Marksman Marksmanship Badge (M-1 Rifle), and Honorable Service Lapel Button.

7. None of the applicant's medical records, to include his separation physical examination, provides any indication that he was ever wounded in action. His WD AGO Form 53-55, which he authenticated as correct with his signature, indicates "None" in Item 34 (Wounds Received in Action).

8. On 11 June 1992, the Army Reserve Personnel Center (ARPERCEN), St. Louis, Missouri, issued the applicant a DA Form 1577 (Authorization for Issuance of Awards) citing all of the awards on his WD AGO Form 53-55 and adding a second BSM (BSM with OLC).

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9. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

10. AR 600-8-22 provides, in pertinent part, for award of the American Defense Service Medal for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

11. AR 600-8-22 provides, in pertinent part, that the Army of Occupation Medal (AOM) is awarded for service of 30 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, 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.

12. AR 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars (BSS) will be worn on the appropriate service medal. The applicant's unit participated in three campaigns during World War II - Central Europe, Rhineland, and Ardennes.

13. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II. This document shows the unit to which the applicant was assigned was cited for award of the Meritorious Unit Commendation for the period 1 March-1 May 1945 by General Order Number 157, Headquarters, 42nd Infantry Division, dated 13 September 1945. It also shows that the unit was awarded the Army of Occupation Medal with Germany Clasp for the periods 2 May to 14 August 1945 (Germany) and 15 August-31 October 1945 (Austria).

CONCLUSIONS:

1. There is no evidence in the records, nor has the applicant provided any, to show that he was ever wounded in combat, that the wound required medical treatment, and that the medical treatment was made a matter of official record. The Board cannot recommend award of the PH.

2. The American Defense Service Medal is awarded for service within the American Theater between 8 September 1939 and 7 December 1941. The applicant was not inducted until 2 May 1944 and is not authorized this award.

3. The applicant is entitled to the Army of Occupation Medal with Germany Clasp for his unit's occupation of Germany and Austria in 1945. He is also entitled to a Meritorious Unit Commendation earned by the 222nd Infantry Regiment during the period 1 March-1 May 1945. He is also entitled to have a third campaign added to his records (Ardennes) and to wear a third BSS on his EAME Campaign Medal.

4. In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Forms 215 (Correction to DD Form 214 [or in this case WD AGO Form 53-55]) showing that he was awarded the BSM with OLC, the Army of Occupation Medal with Germany Clasp, the Meritorious Unit Commendation, three BSS for his EAME Medal, and that he participated in the Ardennes Campaign.

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

BOARD VOTE:

____tlp__ ___jns __ ___jhl___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________Joann H. Langston______
                  CHAIRPERSON

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INDEX

CASE ID	AR2001065233
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020509
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	DASA
ISSUES 1.	107.0014
2.	107.0034
3.	107.0060
4.
5.
6.