PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 March 2002
         DOCKET NUMBER: AR2001065268


         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. William Blakely		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Ms. Linda D. Simmons		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, in effect, that his military records should be corrected to show he was awarded the Silver Star (SS) and the Purple Heart (PH).

3. The applicant states, in effect, that item 33 (Decorations & Citations) of his Enlisted Record and Report of Separation-Honorable Discharge (WD AGO Form 53-55) does not show that he was awarded the SS and the PH.

4. The applicant’s military records were lost or destroyed in the fire that occurred at the National Personnel Records Center in 1973. The information herein was gleaned from a copy of the applicant’s WD AGO Form 53-55.

5. The applicant’s WD AGO Form 53-55 shows that he was inducted into the Army of the United States on 21 March 1944, and that he continuously served on active duty until being honorably discharged on 8 May 1946, in the rank of private first class. This separation document also shows that he served in the European Theater of Operations (ETO) and participated in three campaigns.

6. Item 24 (Decorations & Citations) of the applicant’s WD AGO Form 53-55 also lists the following awards he earned during enlistment: European-African-Middle Eastern Campaign Medal with three bronze service stars; Good Conduct Medal; American Service Medal; World War II Victory Medal; Army of Occupation Medal; and Combat Infantryman Badge. Item 34 (Wounds) of this document contains the entry “NONE”, which would indicate that he was not wounded or injured in action during his active duty tenure.

7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph
1-14 (Time Limitations) states, in pertinent part, that each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored.

8. Paragraph 2-8 (Purple Heart) contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that the PH is awarded to any member of an Armed Force who has been wounded or killed in action. In order to award the PH, it must be established that the wound required treatment by a medical officer and this treatment was made a matter of official record.

9. Paragraph 3-9 contains guidance on awarding the SS. It states, in pertinent part, that the SS is awarded to any member of the Army who is cited for gallantry in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing force. The required gallantry, while of a lesser degree that required for the Distinguished Service Cross, must nevertheless have been performed with marked distinction.
10. Paragraph 3-13d provides, in pertinent part, that the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The BSM 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 such achievement or service, during that period was confirmed by documents executed prior to 1 July 1947. The regulation stipulates that award of the Combat Infantryman Badge is considered to be a citation in orders for this purpose.

11. Paragraph 3-18 provides the rules for processing the DA Form 638 (Award Recommendation), which is required to initiate, process, and approve award recommendations of all U.S. Army individual decorations, to include valor and heroism decorations. Table 3-3 (Delegation of Award Approval Authority-Wartime Conditions) indicates that Commanding Generals of a U.S. Army Force in the rank of General is authorized to approve the award of the SS.

12. Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion. It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

CONCLUSIONS:

1. The Board notes the applicant’s contention that he is entitled to the SS, but it finds insufficient evidence to support this claim. While the Board wishes to congratulate the applicant on his combat service during World War II, his record is void of any reference to his having been recommended for or awarded the SS by the proper authority. Thus, the Board finds no evidentiary basis on which to support this specific relief.

2. Further, while the Board finds no evidence that would support awarding the applicant the SS, it does note that he has not yet exhausted his administrative remedies in pursuing his claim of entitlement to the SS. By law, he may request that he be awarded the SS through his Member of Congress under the provisions of 10 USC 1130, an option he may still wish to pursue.

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3. The Board also notes the applicant’s claim of entitlement to the PH. However, by regulation, in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record. The Board finds the available evidence does not satisfy this regulatory burden of proof necessary to award the PH; and therefore, it is compelled to deny this requested relief.

4. The available evidence does confirm that the applicant was awarded the
CIB for his combat service during World War II. As a result, by regulation, he is entitled to receive the BSM for exemplary conduct in ground combat during World War II. Thus, the Board finds it would be appropriate to award him the BSM and add it to his records at this time.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the BSM; and by providing him a corrected separation document that reflects this change.

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

BOARD VOTE:

__JNS __ LDS __ __JTM___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ John N. Slone_ _
                  CHAIRPERSON

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INDEX

CASE ID	AR2001065268
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/03/21
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(Partial Relief)
REVIEW AUTHORITY
ISSUES 1.	107.0007
2.	107.0015
3.
4.
5.
6.