PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 25 JUNE 2002
         DOCKET NUMBER: AR2001065868


         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:

Mr. John N. Slone		Chairperson
Mr. Elzey J. Arledge		Member
Mr. Thomas Lanyi		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 item 34 (Wounds Received in Action) on his 28 July 1945 Enlisted Record and Report of Separation – Honorable Discharge (WD AGO Form 53-55) be corrected to reflect that he received a gun shot wound to his right arm, right leg, right foot, and his head.

3. The applicant states that his records should show all the evidence needed to support his claim.

4. The applicant’s military records show that he enlisted in the Army on
3 October 1939. A 7 February 1942 special court-martial order shows that the applicant was arraigned, tried, and found guilty of desertion from 4 December 1939 until he surrendered on about 8 December 1941.

5. A medical record prepared on 29 March 1942 shows that he suffered a mild puncture to the external surface of his left shin when he accidentally struck his leg with a pick while on duty at Fort Leavenworth, Kansas on 23 March 1942.
His injury was in line of duty.

6. The applicant’s WD AGO Form 53-55 shows that he served in the European Theater of Operations during World War II, participating in the campaign in Tunisia, Sicily, and Normandy. That form also shows participation in a “German” campaign. He served with Company K, 26^th Infantry Regiment and was awarded the European-African-Middle Eastern Campaign Medal, the Combat Infantryman Badge, and the Purple Heart. That form shows that he was wounded in action on 12 October 1944, receiving a gunshot wound to the left arm and leg. He returned to the United States in February 1945 and was discharged at Madigan Convalescent Hospital at Fort Lewis, Washington with a certificate of disability on 28 July 1945.

7. The applicant’s service record shows that he participated in the Algeria-French Morocco Campaign and that he qualified as a sharpshooter with the M1 rifle. An insert to the applicant’s service record (WD AGO Form No. 24-3) prepared on or about 12 October 1944 shows that he was favorably considered for award of the Good Conduct Medal.

8. A 12 October 1944 medical record of the 3d Battalion, 26^th Infantry Regiment, shows that the applicant was wounded in action as a result of a gunshot wound to his right arm, right leg, and left foot. A medical record the following day shows that he was wounded in the left foot, right thigh and arm. A 14 October 1944 medical record shows that the applicant was wounded in his right thigh, right arm, and left great toe on 12 October 1944 at 1430 hours near Aachen.

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9. A 19 October 1944 medical record of the 156^th General Hospital provides a more detailed description of the applicant’s wounds – “1. Wound, penetrating, multiple, shell fragment (HE), dorsal surface, near base of left great toe, lateral aspect, middle third, right thigh, severe and dorsal surface, middle third, right arm, moderately severe, incurred in combat, due to enemy action at 1430 on 12 Oct 1944 near Aachen, Germany. 2. Wound, lacerated, dorsum of left foot, over 2^nd and 3^rd metatarsals, moderately severe, incurred as in #1 above. 3. Fracture, compound, complete, transverse, proximal phalanx, left great toe, incurred as in #1 above. 4. Foreign body, traumatic, shell fragment, minute, soft tissues, lateral surface, middle third, right thigh, incurred as in #1 above.” That record shows that the applicant was boarded for the Zone of Interior (the United States) on 23 December 1944.

10. A 12 July 1945 medical record of the Madigan Convalescent Hospital provides similar diagnoses to that of the 156^th General Hospital. That record shows that the applicant was discharged with a certificate of disability on 26 July 1945.

11. A Certificate of Disability for Discharge, dated 26 July 1945, shows that the applicant was found unfit for military service because of (1) a strain, lumbosacral, moderate, chronic, cause undetermined, aggravated by a fall when he struck his back diving into a foxhole while in combat in North Africa, near Algiers, in 1943 (Radiologic report, 17 May 45, indicates existence of spondylolysis L5). That condition was determined to exist prior to entering the service, and not incident to his service; and (2) Wound, penetrating, foot left, dorsal surface, near base of great toe, severe, due to shell fragment, incurred in combat, enemy action at 1430, 12 Oct 44, near Aachen, Germany (Healed).

12. Army Regulation 600-8-22 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.

13. The Unit Citation and Campaign Participation Register (DA Pamphlet 672-1) shows that the 26^th Infantry Regiment participated in the campaign in Northern France and the Rhineland, in addition to the campaigns in Algeria- French Morocco, Tunisia, Sicily, and Normandy, in which the applicant participated. Additionally, that unit was credited with an assault landing in Gela, Sicily from 9-11 July 1943, and an assault landing at Normandy from 6-7 June 1944. The

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applicant was assigned to that regiment during both those periods. The 26^th Infantry Regiment was awarded the Belgian Fourragere for its actions from 3-5 September 1944, again while the applicant was assigned to that organization.

14. Army Regulation 600-8-22 states in pertinent part that service stars are worn on campaign and service ribbons to denote an additional award. The service star is a bronze or silver five pointed star. A silver star is worn instead of five bronze service stars. Service stars are authorized for wear on the European-African-Middle Eastern Campaign Medal.

15. That regulation states that a bronze arrowhead denotes participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing, while assigned or attached as a member of an organized force carrying out an assigned tactical mission. It is worn on the European-African-Middle Eastern Campaign Medal. Only one arrowhead will be worn on any ribbon.

16. The American Campaign Medal is awarded for service within the American Theater between 7 December 1941 and 2 March 1946. Service within the continental limits of the United States for an aggregate period of 1 year entitles an individual to that award. The American Defense Service Medal is awarded for service between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

17. The Army Good Conduct Medal is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. One of the qualifying periods of service for the award is one year served entirely during the period 7 December 1941 to 2 March 1946.

CONCLUSIONS:

1. The applicant’s medical records clearly delineate the wounds that he sustained on 12 October 1944 near Aachen, Germany – to his left foot, his right thigh, and his right arm. Consequently, the applicant’s WD AGO Form 53-55 of 28 July 1945 should reflect those wounds. There is no evidence, and the applicant has not submitted any, to show that he was wounded in the right leg, right foot, or in the head. Consequently, his request in this respect cannot be granted.

2. The applicant is entitled to award of the Bronze Star Medal by virtue of his award of the Combat Infantryman Badge.

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3. The applicant’s records show that he was with the 26^th Infantry Regiment throughout his wartime service, participating in six campaigns. He is entitled to award of the European-African-Middle Eastern Campaign Medal with one silver service star and one bronze service star. The 26^th Infantry Regiment participated in two assaults while the applicant was assigned to that organization. It is probable that the applicant, an infantryman, participated in those assaults with his unit. Any doubt should be resolved in favor of the applicant. Consequently, the applicant’s record should reflect award of the bronze arrowhead for his participation in the assault landings in Gela, Sicily, from 9-11 July 1943 and in Normandy from 6-7 June 1944.

4. The applicant was assigned to the 26^th Infantry Regiment when it was awarded the Belgian Fourragere for its actions on 3-5 September 1944. His records should reflect that award.

5. The applicant is entitled to award of the World War II Victory Medal, the American Campaign Medal, and the American Defense Service Medal. He is entitled to award of the Sharpshooter Qualification Badge with rifle bar.

6. The applicant served his country honorably and faithfully during his service in the European Theater of Operations during World War II, and was favorably considered for award of the Army Good Conduct Medal. The applicant should be awarded that medal for the period 24 October 1942 (an arbitrary date based on the date that he departed the United States for the European Theater of Operations) through 28 July 1945, the date of his discharge.

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:

a. the applicant was wounded in action on 12 October 1944 and that those wounds were to his left foot, right thigh and right arm; and

b. the applicant was awarded the Bronze Star Medal, the European-African-Middle Eastern Campaign Medal with one silver service star, one bronze service star and one bronze arrowhead, the Belgian Fourragere, the World War II Victory Medal, the American Campaign Medal, the American Defense Service Medal, the Army Good Conduct Medal, and the Sharpshooter Qualification Badge with rifle bar.

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

BOARD VOTE:

_JNS ___ __EJA __ __TL____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____ John N. Slone____
                  CHAIRPERSON

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INDEX

CASE ID	AR2001065868
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020625
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.	100.00
2.	110.00
3.	107.00
4.	61
5.
6.