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ARMY | BCMR | CY2002 | 2002070297C070402
Original file (2002070297C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 September 2002
         DOCKET NUMBER: AR2002070297


         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. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Ms. Joann H. Langston Chairperson
Ms. Melinda M. Darby Member
Mr. Ronald E. Blakely 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 that the Purple Heart (PH) and Bronze Star Medal (BSM) be added to his WD AGO Form 53-55, Enlisted Record and Report of Separation Honorable Discharge.

3. The applicant states, in effect, that since he was awarded these decorations they should be added to his separation document.

4. The applicant’s military records could not be located and are presumed to have been destroyed in the fire at the records repository at St. Louis, Missouri, in 1973. Information contained herein is derived from alternate sources.

5. He was inducted in the Army of the United States and entered on active duty on 9 January 1942.

6. He served in the European Theater of Operations from 5 December 1943 to 15 May 1945. He was honorably discharged on 16 October 1945 in the rank of staff sergeant due to demobilization. His WD AGO Form 53-55 shows that he was credited with participation in the Normandy, Central Europe and Rhineland campaigns, and was awarded the Combat Infantryman Badge (CIB), the Parachutist Badge, the Marksman Marksmanship Qualification Badge with Rifle and Automatic Rifle Bars, the European-African-Middle Eastern Campaign Medal with 3 bronze service stars, and the Distinguished Unit Badge.

7. A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II (WWII) and the Korean conflict onto magnetic tape. In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC). Searches of these files show that the applicant was listed as a battle casualty on 30 January 1945 due to wounds to his abdomen, abdominal wall, pelvis and loin.

8. Army Regulation 600-8-22 provides the guidance for Army awards and decorations. In this regulation several awards and decorations are provided specifically for service during WWII which were enacted subsequent to the demobilization of WWII. These WWII specific provisions include award of the Bronze Star Medal 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 where such achievement or service, during the period, was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medals were awarded to individuals who were authorized the CIB for service during WWII.



9. Another WWII specific award is the WWII Victory Medal which is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

10. Army Regulation 600-8-22 provides that the PH is awarded for wounds 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.

11. Army Regulation 600-8-22 also provides that the Good Conduct Medal (GCM) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

12. Army Regulation 600-8-22 also authorizes the American Campaign Medal to be awarded for service in the American Theater between 7 December 1941 and 2 March 1946.

13. On 26 October 2000, the National Personnel Records Center awarded the applicant the BSM, the American Campaign Medal, and the WWII Victory Medal.

CONCLUSIONS:

1. The applicant was wounded in action and was treated for his wounds. As such, he is entitled to the PH.

2. Since the applicant was awarded the CIB during WWII, he is entitled to the BSM.

3. While not requested by the applicant, he is also authorized the American Campaign Medal, and the WWII Victory Medal.

4. In addition, based upon the applicant's rapid promotion and position of responsibility in combat, it is evident that the applicant's conduct, efficiency and fidelity warranted the award of the GCM.

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 by:

a. awarding to the applicant the PH, the BSM, the American Campaign Medal, the GCM and the WWII Victory Medal; and

         b. adding these awards and decorations to his WD AGO Form 53-55.

BOARD VOTE:

____jhl__ ___reb___ ____mmd GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________Joann H. Langston___
                  CHAIRPERSON




INDEX

CASE ID AR2002070297
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020919
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. 107.00
2.
3.
4.
5.
6.



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