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ARMY | BCMR | CY2002 | 2002067819C070402
Original file (2002067819C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 June 2002
         DOCKET NUMBER: AR2002067819


         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. Joyce A. Wright Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Elzey J. Arledge, Jr. 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.


2. The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show that he was awarded the Purple Heart and Bronze Star Medal.

3. The applicant states that his WD AGO Form 53-55 does not show the Purple Heart or Bronze Star Medal. In support of his application, he submits a copy of his WD AGO Form 53-55, two Western Union Telegrams, and a DA Form 1577 (Authorization for Issuance of Awards). He provides no information on how, when, or where he was wounded.

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 he entered active duty on 12 July 1943, as a medical aid man (657). He served in the European-African-Middle Eastern Theater of Operations from 11 January 1944 to 13 March 1945, and continued to serve until he was honorably discharged on 5 December 1945.

5. The applicant’s WD AGO Form 53-55 shows that he was credited with participation in three campaigns and was awarded the American Theater Ribbon, the European-African-Middle Eastern Campaign Medal, the Good Conduct Medal, the World War II Victory Medal, and the (Combat) Medical Badge.

6. The applicant’s WD AGO Form 53-55 does not show the Purple Heart or the Bronze Star Medal as authorized awards. Item 34 (Wounds Received In Action) of the applicant’s WD AGO Form 53-55, which was authenticated in his own hand, shows the entry “NONE.” There is no record that the applicant was awarded the Purple Heart and there are no medical records available.

7. The available records contain a copy of a telegram from The Adjutant General (TAG) of the Army which shows he was slightly wounded in action in France on 31 July 1944. His records also contain another telegram from the TAG which shows that he was slightly injured in action in France on 11 August 1944.

8. The applicant’s records contain a copy of a Surgeon General’s Office (SGO) Hospital Listing, which shows that the applicant received a battle injury in August 1944, while serving in the European Theater of Operations. He was diagnosed as having a wound(s), contused (to bruise or wound by bruising) (includes bruises) on his wrist which was caused by falling into a hole or ditch.

9. A DA Form 1577, dated 13 July 1998, shows that the Army Reserve Personnel Command in St. Louis, Missouri, determined the applicant was authorized to be issued the Purple Heart and the Bronze Star Medal, and three bronze service stars for the European-African-Middle Eastern Campaign Medal.


10. 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, and the medical treatment must have been made a matter of official record.

11. 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.

12. Army Regulation 600-8-22, provides, in pertinent part, that the European-African-Middle Eastern Campaign Medal is awarded for service within the European-African-Middle Eastern Theater between 7 December 1941 and 8 November 1945. This medal is awarded to any service member who was permanently assigned in the theater, who was in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days, or who was
in active combat against the enemy and was awarded a combat decoration, or who was furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat.
The regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.

CONCLUSIONS:

1. Although the applicant’s dates are confusing, it appears that he was wounded in action on one occasion while serving in the European Theater of Operations. Therefore, he is entitled to award of the Purple Heart and correction of his records to show this award.

2. The evidence of record shows the applicant is entitled to the Bronze Star Medal based on award of the Combat Medical Badge. Therefore, his records should be corrected to show this award.





3. The applicant is entitled to three bronze service stars to be worn on his
European-African-Middle Eastern Campaign Medal. Therefore, he is entitled to correction of his records to show the European-African-Middle Eastern Campaign Medal with three bronze service stars.

4. 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 for the individual concerned be corrected by showing that he was awarded the Purple Heart for wounds received in action on 11 August 1944 in France, the Bronze Star Medal based on award of the Combat Medical Badge, and the European-African-Middle Eastern Campaign Medal with three bronze service stars.

BOARD VOTE:

__jns___ __eja___ ___tl___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           John N. Slone
                  ______________________
                  CHAIRPERSON



INDEX

CASE ID AR2002067819
SUFFIX
RECON
DATE BOARDED 20020625
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 19451205
DISCHARGE AUTHORITY AR 615-365
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 61
2.
3.
4.
5.
6.



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