PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 August 2002
         DOCKET NUMBER: AR2002066433


         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. W. W. Osborn, Jr.		Analyst

The following members, a quorum, were present:

Ms. JoAnn H. Langston		Chairperson
Mr. Raymond V. O'Connor, Jr.		Member
Ms. Barbara J. Lutz		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 he be awarded the Purple Heart.

3. He states that he was injured when his jeep hit a German mine. He cites a recent example of soldiers who were awarded the Purple Heart for injuries sustained while taken captive during peacekeeping operations in the Balkans as justifying his request. To substantiate his request he submits a copy of the report of his separation physical examination which shows that, in January 1945, he received a contusion to the back that was treated at a battalion aid station.

4. Counsel offered no evidence or argument beyond that submitted with the application.

5. 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.

6. He enlisted in the Enlisted Reserve Corps on 3 April 1939 and entered active duty on 17 February 1941. He arrived in the European Theater of Operations on 2 November 1944. He served with B Company, 291^st Infantry Regiment, 75^th Infantry Division. He returned to the United States on 11 October 1945 and was separated as a first sergeant on 23 October 1945.

7. The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) shows that he participated in the Ardennes, Rhineland and Central Europe campaigns, that he held the Sharpshooter Qualification Badge with Rifle and Pistols Bars and that he had been awarded the Good Conduct Medal, the Bronze Star Medal, the American Defense Service Medal and the European-African-Middle-Eastern Campaign Medal with three bronze service stars. It did not list the Purple Heart as an authorized award and item 34 (Wounds Received in Action) is blank. The applicant authenticated the document with his right thumbprint and his signature.

8. Aside from the report of his separation physical examination, there are no medical records available. A search of the historical records of the applicant's unit held by the National Archives, College Park, Maryland, failed to produce any evidence to substantiate his claim.

9. Army Regulation 600-8-22 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 by a medical officer, and the medical treatment must have been made a matter of official record.

10. The applicant's Final Payment Work Sheet shows that he was paid Combat Infantry Pay indicating that he had been awarded the Combat Infantryman Badge.

11. War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen. The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy. The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy. War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size. Additionally, World War II holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay. Therefore, soldiers had economic as well as intangible reasons to ensure that their records were correct. Thus, pay records are frequently the best available source to verify entitlement to this award.

12. Army Regulation 600-8-22 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.

13. Army Regulation 600-8-22 also provides, in pertinent part, for award of the American Campaign Medal. This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

14. The regulation also provides, in pertinent part, for award of the World War II Victory Medal. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

15. Army Regulation 600-8-22 additionally provides 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 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. -Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, credit for occupation duty during World War II. This document shows the 291^st Infantry Regiment received occupation credit for Germany for the period 20 May through 4 July 1945.

CONCLUSIONS:

1. Unfortunately, even after a search of the unit's historical records, there is no available evidence to show that the incident in question was the result of an enemy mine. There is insufficient evidence to support an award of the Purple Heart.

2. The applicant was awarded the Combat Infantryman Badge as is evidenced by his receipt of Combat Infantry Pay and that award should be shown on his discharge document. He is also entitled to an additional award of the Bronze Star Medal based upon receipt of the Combat Infantryman Badge.

3. He served in the 291^st Infantry Regiment during a time period when that unit was authorized occupation credit for Germany. Therefore, he is authorized the Army of Occupation Medal.

4. The applicant served an aggregate period of more that 1 year in the continental United States and earned the American Campaign Medal.

5. He is also entitled to the World War II Victory Medal.

6. All of the authorized awards should be listed on his discharge document.

7. In view of the foregoing findings and conclusions, correcting the applicant's records as recommended below will correct errors.

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that, in addition to the awards currently listed on his WD AGO 53-55, the individual concerned is authorized the Combat Infantryman Badge, the Bronze Star Medal with First Oak Leaf Cluster, Army of Occupation Medal with "Germany" clasp, and the American Campaign Medal and the World War II Victory Medal.

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

BOARD VOTE:

_JHL____ __RVO__ ___BJL_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __ JoAnn H. Langston_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002066433
SUFFIX
RECON
DATE BOARDED	20020822
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(MODIFY
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.