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ARMY | BCMR | CY2002 | 2002069927C070402
Original file (2002069927C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 3 October 2002
         DOCKET NUMBER: AR2002069927


         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. Hubert S. Shaw, Jr. Analyst


The following members, a quorum, were present:

Ms Irene N. Wheelwright Chairperson
Mr. Walter T. Morrison Member
Mr. Charles Gainor 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 records to show award of the Purple Heart.

3. The applicant states his award of te Purple Heart is not listed on his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge).

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 was inducted on 19 June 1942. He completed training as an infantryman and served in the European Theater of Operations from 16 April 1944 through 24 February 1945.

5. The applicant's WD AGO Form 53-55 does not show award of the Purple Heart in item 33 (Decorations and Citations). However, item 34 (Wounds Received in Action) shows the entry "Head Left Leg La Haye France 8 Jul [July] 1944." The applicant's records also contain a hospital admission record which shows that he was admitted in July 1944 as a battle casualty for wounds to the head.

6. Review of the applicant's records reveals that he may also be entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge, the American Campaign Medal and the World War II Victory Medal.

7. The applicant's WD AGO Form 53-55 shows in item 31 (Military Qualification and Date) that he was awarded the Combat Infantryman Badge on 15 July 1944.

8. Item 37 (Continental Service) of the applicant's WD AGO Form 53-55 shows that he served over 2 years of "Continental Service."

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

10. 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.
11. Army Regulation 600-8-22 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.

12. 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. Evidence of record shows the applicant was wounded as a result of hostile action and was treated for those wounds in an Army hospital. Therefore, he is entitled to award of the Purple Heart and correction of his records to show this award.

2. The applicant received the Combat Infantryman Badge during World War II; therefore, he is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his records to show this award.

3. Records show the applicant completed over one year of "Continental Service." Therefore, he is entitled to correction of his records to show this campaign medal.

4. Based on the applicant's service during World War II, he is entitled to award of the World War II Victory Medal and correction of his records to show this award.

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:

         1. by awarding the individual concerned the Purple Heart for wounds sustained in France on 8 July 1944;

         2. by correcting the applicant's WD AGO Form 53-55 to show award of the Purple Heart in item 33 (Decorations and Citations);

         3. by awarding the individual concerned the Bronze Star Medal based on award of the Combat Infantryman Badge and correcting his records to show this decoration;

         4. by correcting the records of the individual concerned to show award of the American Campaign Medal; and

         5. by correcting the records of the individual concerned to show award of the World War II Victory Medal.


BOARD VOTE:

__INW___ ___WTM_ ___CG__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2002069927
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021003
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY MR SCHNEIDER
ISSUES 1. 107.0000.0000
2.
3.
4.
5.
6.


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