PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 26 March 2002
         DOCKET NUMBER: AR2001065730


         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
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. George Paxson		Chairperson
Ms. Deborah Jacobs		Member
Mr. Ronald E. Blakely		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 WD AGO Form 53 (Enlisted Record) be corrected to show award of the Purple Heart.

3. The applicant states that he was not issued the Purple Heart for wounds sustained on 1 January 1945 during World War II. In support of his application, he submits a WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service) with an effective date of 26 February 1946; and a WD AGO Form 53 with an effective date of 15 January 1945.

4. 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 that the applicant enlisted on
4 November 1942. He arrived in the European Theater of Operation on
15 September 1944 for duty as a pioneer. On 15 January 1945, the applicant was honorably discharged to accept a commission as a second lieutenant. His decorations and awards included the European-African-Middle Eastern Theater Ribbon, the Combat Infantryman Badge, the Expert Infantryman Badge and the Bronze Star Medal.

5. The applicant was commissioned as a second lieutenant on 16 January 1945 and continued to serve as an anti tank unit commander in the European Theater of Operations until 15 July 1945. He was released from active duty on
26 February 1946 in the rank of second lieutenant.

6. The applicant’s WD AGO Form 53 (Enlisted Record), which covers his service as an enlisted member during the period 4 November 1942 through 15 January 1945, does not show the Purple Heart as an authorized award.

7. The applicant’s WD AGO Form 53 (Enlisted Record) shows the entry, “Slightly wounded (Lt. Cheek, GSW, MG) [left cheek, gunshot wound, machine gun] in Action, France 1 Jan 1945.” in the section “Wounds received in service.”

8. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, units awards authorized for units which served during World War II. This document shows the unit to which the applicant was assigned as an enlisted member, the 114th Infantry Regiment, 44th Infantry Division, received the Distinguished Unit Citation for actions on 25 November 1944 by War Department General Order 27-45.

9. The applicant’s WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service), which covers his service as an officer during



the period 16 January 1945 through 26 February 1946, shows the European-African-Middle Eastern Ribbon with three battle stars, the World War II Victory Medal and the American Campaign Medal as authorized awards.

10. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, occupation credit during World War II. This document shows the unit to which the applicant was assigned as an officer, the 114th Infantry Regiment,
44th Infantry Division, received occupation credit for Germany for the period from
2 May to 5 July 1945.

11. 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.

12. 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.

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. This provision did not go into effect until 10 September 1947 when Change 12 to Army Regulation 600-45 (Decorations) was published.

CONCLUSIONS:

1. The applicant’s WD AGO Form 53 (Enlisted Record) does not show the Purple Heart as an authorized award. However, this record does show that the



applicant was slightly wounded in action on 1 January 1945. Therefore, the Board determined that there is sufficient evidence on which to base award of the Purple Heart in this case and that the applicant’s WD AGO Form 53 (Enlisted Record) should be amended to show award of the Purple Heart.

2. Evidence of record shows that the applicant’s unit was cited for the Distinguished Unit Citation for actions on 25 November 1944. Therefore, the applicant is entitled to correction of his WD AGO Form 53 (Enlisted Record) to show this unit citation.

3. Evidence of record shows that the applicant’s unit was awarded occupation credit for service in Germany during the period 2 May to 5 July 1945. Therefore, the applicant is entitled to award of the Army of Occupation Medal with Germany Clasp and correction of his WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service) to show this award.

4. The applicant received award of the Bronze Star Medal prior to his separation from active duty on 15 January 1945. After his release from active duty, he became entitled to a second award of the Bronze Star Medal based on his award of the Combat Infantryman Badge during World War II. Therefore, the applicant is entitled to two awards of the Bronze Star Medal (Bronze Star Medal with First Oak Leaf Cluster) and correction of his WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service) to show the Bronze Star Medal with First Oak Leaf Cluster.

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 entries “Purple Heart” and “Distinguished Unit Citation” in the “Decorations, service medals, citations” section on the WD AGO Form
53 (Enlisted Record) of the individual concerned; and

         b. by showing the entries “Army of Occupation Medal with Germany Clasp” and “Bronze Star Medal with First Oak Leaf Cluster” in item







29 (Decorations and Citations) on the WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service) of the individual concerned.

BOARD VOTE:

GP_____ DJ______ REB_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __George Paxson_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2001065730
SUFFIX
RECON
DATE BOARDED	20020326
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0000
3.
4.
5.
6.