PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 09 MAY 2002
         DOCKET NUMBER: AR2001065665


         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. Kenneth H. Aucock		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.

---

2. The applicant requests that his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show that he sustained gunshot wounds to his abdomen and that his spleen was removed, instead of the entry showing “Shrapnel left foot and knee.” He also requests that the commendation that he received for bravery in action be reflected on that form.

3. The applicant states that the information was simply omitted.

4. The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from alternate sources.

5. The applicant’s WD AGO Form 53-55 shows that he enlisted in the Army on 3 January 1941, departed overseas on 8 June 1943 and returned to the United States on 4 June 1944. He was separated on 21 September 1945 in the rank of Sergeant. He was awarded the European-African-Middle Eastern Campaign Medal, the Good Conduct Medal, the American Defense Service Medal, the Purple Heart, the Lapel Button, and the Combat Infantryman Badge. His enlisted record shows that he participated in two campaigns, Sicily and Naples-Foggia. That record also shows that he received a shrapnel wound to his left foot and knee in Italy on 9 December 1943.

6. Headquarters,179^th Infantry General Order Number 6, dated 18 August 1943, shows that the applicant was commended for bravery in action on 14 July 1943, north of Comiso Airport, Comiso, Sicily.

7. A 21 February 1947 letter from the Soldiers Relief Commission to the applicant regarding his rating by the VA indicates that applicant received a 30 percent rating from the VA because of gunshot wounds of the abdomen, 30 percent for removal of the spleen, 10 percent for gunshot wounds of the left foot, and zero percent for malaria. That letter went on to say that, regarding the gunshot wound to his foot, it appeared that only the large toe and second toe of his left foot were injured with amputation of the large toe and minor amputations of the distal end of the second toe.

8. Office of the Surgeon General records (“SGO Files”) show that the applicant received a penetrating wound to his thorax on 12 December 1943 as a result of a shell fragment and underwent a splenectomy. Another SGO File shows, in addition to that wound, a wound to the phalanges of his great toe resulting in a traumatic amputation and a resultant operation for a blood transfusion. A third file shows the above two wounds on 12 December 1943, and shows that he was discharged from the hospital on 3 March 1944.

9. The Unit Citation and Campaign Participation Credit Register (DA Pamphlet 672-1) shows that the 179^th Infantry Regiment participated in four campaigns during the applicant’s tour of overseas duty, Sicily, Naples-Foggia, Anzio, and Rome-Arno. That organization also participated in three assault landings, Scoglitti, 9-11 July 1943; Salerno, 9-10 September 1943; and Anzio, 22-23 January 1944.

10. Army Regulation 600-8-22 states that the Bronze Star Medal was established on 4 February 1944 and provides for award of the Bronze Star Medal for acts of heroism or for meritorious achievement or service. That regulation also states in pertinent part that the “V” device is worn to denote participation in actions of heroism involving conflict with an armed enemy. It provides for award of the Bronze Star Medal to each member of the Armed Forces of the United States who, after 6 December 1941 has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945. The award of a Combat Infantryman Badge is considered as a citation in orders.

11. Army Regulation 600-8-22 states in pertinent part that the American Campaign Medal is awarded for service within the American Theater between 7 December 1941 and 2 March 1946 for service within the continental limits of the United States for an aggregate period of one year.

12. That same regulation provides for the award of a bronze arrowhead to denote participation in an amphibious assault landing. The arrowhead is worn on the service and suspension ribbons of certain campaign and service ribbons, to include the European-African-Middle Eastern Campaign Medal. Only one arrowhead will be worn on any ribbon.

13. A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape. In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC). The availability of the information to the NPRC received considerable publicity by the various veterans service organizations. It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973. It is estimated that the SGO files document 95 percent of all hospitalized battle casualties from World War II and the Korean war.

CONCLUSIONS:

1. The applicant received wounds to his foot and to his abdomen in December 1943. The information concerning the date and location of his wounds is uncertain, e.g., 9 December 1943 vs. 12 December 1943, and left foot and knee vs. left foot and abdomen. Conflicting evidence would deem that the entry on his enlisted record should stand; however, with the additional entry made showing that he was wounded in the abdomen as evidenced by the SGO files and the 21 February 1947 Soldiers Relief Commission letter.

2. Information concerning medical procedures are not included on a soldier’s separation documents. That information is normally reflected in a soldier’s medical records. Consequently, the applicant’s request to show that he had his spleen removed cannot be shown on his separation records.

3. The applicant participated in four campaigns during World War II. His record should reflect award of the European-African-Middle Eastern Campaign Medal with four bronze service stars (one for each campaign).

4. The evidence concerning the applicant’s assignments is sparse. He did serve with the 179^th Infantry Regiment on 14 July 1943 as shown by the commendation that he received. That organization participated in the assault landing on Scoglitti from 9-11 July 1943. It is probable that he participated in the assault. It is also probable that he continued his assignment with that unit both before and after he was wounded. Consequently, he more than likely participated in the assault landing on Salerno on 9-10 September 1943. In all fairness to the applicant and giving him the benefit of the doubt, the applicant should be credited with two assault landings during his World War II service. His record should reflect that he participated in both those assault landings, and should show award of the bronze arrowhead to the European-African-Middle Eastern Campaign Medal.

5. The applicant is entitled to award of the World War II Victory Medal and the American Campaign Medal.

6. The applicant is entitled to award of the Bronze Star Medal by virtue of his award of the Combat Infantryman Badge. His commendation for bravery is equivalent to an award of the Bronze Star Medal with “V” device to denote participation in acts of heroism. He is therefore entitled to award of the Bronze Star Medal (first oak leaf cluster) with “V” device.

7. 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 showing that the individual concerned:

a. sustained a wound to his abdomen in addition to his “Shrapnel left foot and knee wound” shown on his WD AGO Form 53-55;


b. was awarded the European-African-Middle Eastern Campaign Medal with four bronze service stars and one bronze arrowhead;

c. participated in the 9-11 July 1943 Scoglitti and the 9-10 September 1943 Salerno assault landings;

d. was awarded the World War II Victory Medal and the American Campaign Medal; and

e. was awarded the Bronze Star Medal (first oak leaf cluster) with “V” device.

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

BOARD VOTE:

_JHL ___ __JNS __ __TLP _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Joan H. Langston_____
                  CHAIRPERSON

---

INDEX

CASE ID	AR2001065665
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020509
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.00
2.	102.1
3.
4.
5.
6.