PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 June 2002
         DOCKET NUMBER: AR2002068505


         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:

Ms. Irene N. Wheelwright		Chairperson
Ms. Kathleen A. Newman		Member
Mr. Richard T. Dunbar		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 53-55 (Enlisted Record and Report of Separation) to show that he was awarded the Purple Heart.

3. The applicant states that, at the time of his capture by the Germans, he was shot in the lung and was issued a Purple Heart prior to his separation; however, it was never recorded on his WD AGO Form 53-55. In support of this application, he submits a copy of is WD AGO Form 53-55 and a copy of his Department of Veterans Affairs (DVA) Rating Decision, dated 25 October 2000.

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 1 December 1942, as a rifleman (745). He served in the European-African-Middle Eastern Theater of Operations from 29 April 1943 to 5 June 1945, and continued to serve until he was honorably discharged on 9 October 1945.

5. The applicant’s WD AGO Form 53-55 shows that he was credited with participation in three campaigns and was awarded the Good Conduct Medal and the European-African-Middle Eastern Campaign Medal.

6. The applicant’s WD AGO Form 53-55 does not show the Purple Heart
as an authorized award. 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. A copy of his DVA Rating Decision, dated 25 October 2000, shows that he was granted a 20 percent service-connected disability for residuals, wound, shrapnel, penetrating, left anterior (situated in front of or in the forward part of)
chest wall, with retained metal foreign body (MFB) in soft tissues of the upper left thorax (the chest), posteriorly (situated behind or toward the rear), muscle group XXI (chest muscles). There is no indication in the available records to show that his service-connected disability for residuals of a shrapnel wound was the result of hostile action. His rating also indicated that he was a Prisoner of War (POW) of Germany from 30 January 1944 to 18 May 1945.

8. The Total Army Personnel Command (PERSCOM) has provided evidence that shows that the applicant was captured and held as a POW during World War II from 30 January 1944 to 18 May 1945.





9. The applicant’s records contain a copy of War Department Form 372A (Final Payment-Worksheet) that shows that the applicant received combat infantryman pay from 1 January 1944 to 9 October 1945 in the pay grade of “Pfc” (Private First Class/Grade 6).

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, for award of the POW Medal. The regulation states that the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past-armed conflicts were taken prisoner or held captive.

12. 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 and holders of the Expert Infantryman Badge were entitled to expert 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. The Awards Branch, Total Army Personnel Command, has advised in similar cases that, during World War II, the Combat Infantryman Badge was normally awarded only to enlisted individuals who served in the following positions:

a. Light machine gunner (604)
b. Heavy machine gunner (605)
c. Platoon sergeant (651)
d. Squad leader (653)
e. Rifleman (745)
f. Automatic rifleman (746)
g. Heavy weapons NCO (812)
h. Gun crewman (864)



13. 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.

14. Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates that the 3rd Ranger Battalion was cited for award of the Distinguished Unit Citation by War Department General Order 41-47.

15. 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.

16. Army Regulation 600-8-22 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.

CONCLUSIONS:

1. The Board notes the DVA Rating Decision, dated 25 October 2000, shows that he was granted a 20 percent service-connected disability for a residual shrapnel wound. However, his DVA Rating Decision failed to show that his injury was the result of hostile action.

2. The evidence of record shows that the applicant was eligible for the POW Medal; therefore, he is entitled to correction of his records to show that he was awarded the POW Medal.

3. The evidence of record shows that the applicant served as a rifleman (745) during World War II and he was paid combat infantryman pay which qualified him for award of the Combat Infantryman Badge and was entitled to the Bronze Star Medal based on award of the Combat Infantryman Badge. Therefore, he is entitled to correction of his records to show that he was awarded the Combat Infantryman Badge and the Bronze Star Medal based on award of the Combat Infantryman Badge.

4. The evidence of record shows the applicant was awarded the Presidential Unit Citation and 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 Presidential Unit Citation and the European-African-Middle Eastern Campaign Medal with three bronze service stars.

5. The evidence of record shows that the applicant served in World War II
and arrived in the European-African-Middle Eastern Theater on 29 April 1943. Therefore, he is entitled to correction of his records to show that he was awarded the World War II Victory Medal.

6. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. 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 POW Medal, the Combat Infantryman Badge, the Bronze Star Medal based on award of the Combat Infantryman Badge, the Presidential Unit Citation, the
European-African-Middle Eastern Campaign Medal with three bronze service stars, 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:

__inw__ __kan___ __rtd___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Irene N. Wheelwright
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002068505
SUFFIX
RECON
DATE BOARDED	20020627
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19451009
DISCHARGE AUTHORITY	AR 615-365
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 61
2.
3.
4.
5.
6.