PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 October 2002
         DOCKET NUMBER: AR2002070674


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor		Chairperson
Ms. Karen A. Heinz		Member
Ms. Barbara J. Ellis		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 55 (Enlisted Record) to show award of the World War II Victory Medal, the European-African-Middle Eastern (EAME) Campaign Medal, the Combat Infantryman Badge, two awards of the Bronze Star Medal, one of which for valor (correctly known as the Bronze Star Medal with First Oak Leaf Cluster with “V” Device), the Good Conduct Medal, two awards of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster), the American Campaign Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, the Expert Marksmanship Qualification Badge with Rifle Bar and the Expert Marksmanship Qualification Badge with Pistol Bar.

3. The applicant states, in effect, that these awards and decorations were left off of his discharge document. In support of his application, he submits a copy of his WD AGO Form 55; a Certificate of Disability for Discharge; and a copy of the filing of his discharge document with Bibb County, Georgia.

4. The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant was inducted on
30 March 1943. He served as an ammunition carrier in the European Theater of Operations from 8 October 1943 through 8 April 1944. On 30 May 1944, the applicant was honorably discharged by reason of physical disability.

5. The applicant’s Enlisted Record, which was authenticated in his own hand, does not show the World War II Victory Medal, the EAME Campaign Medal, the Combat Infantryman Badge, the Bronze Star Medal with First Oak Leaf Cluster with “V” Device, the Good Conduct Medal, the Purple Heart with First Oak Leaf Cluster, the American Campaign Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, the Expert Marksmanship Qualification Badge with Rifle Bar or the Expert Marksmanship Qualification Badge with Pistol Bar as authorized awards.

6. The applicant’s Enlisted Record does not show any campaign credit or battles for his service in the European Theater of Operations. However, the available records show that the applicant was assigned to Company K, 30th Infantry Regiment of the 3rd Infantry Division during his assignment in the European Theater of Operations. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, campaign credit during World War II. This document shows the 30th Infantry Regiment of the 3rd Infantry Division received campaign credit for the Anzio Campaign (22 January 1944 to 24 May 1944), the Naples-Foggia Campaign (18 August 1943 to 21 January 1944) and the Rome-Arno Campaign (22 January 1944 to 9 September 1944) while the applicant was assigned to it.

7. There are no orders for award of the Combat Infantryman Badge in the available records. His Enlisted Record shows that he served as an ammunition carrier. The applicant’s War Department Form Number 370 (Final Pay Statement) shows the entry, “Nothing” in the section for additional pay.

8. The applicant’s Enlisted Record shows the “Bronze Star” as an authorized award. There are no orders for any subsequent awards of the Bronze Star Medal in the available records.

9. There is no evidence in the available records which shows the applicant was recommended for or received the first award of the Good Conduct Medal. His character was rated as “excellent” and there are no lost days recorded on his Enlisted Record.

10. The applicant’s Enlisted Record shows the Purple Heart as an authorized award. His Enlisted Record also shows that he was wounded in action on
29 January 1944 in Italy when he was struck in the chest by fragments from enemy high explosive shell.

11. The applicant’s Certificate of Disability for Discharge, dated 27 May 1944, shows that he became unfit for duty on 29 January 1944 when he was struck by fragments in his chest from an enemy mortar shell on 29 January 1944 in Italy.

12. There are no orders for any subsequent awards of the Purple Heart in the available records.

13. The available records contain an Office of the Surgeon General Hospital List which indicates the applicant was admitted to a General Hospital in Italy in February 1944 for a battle injury. This list shows the applicant sustained penetrating wounds to his heart and spleen from an artillery shell.

14. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II. This document shows the unit to which the applicant was assigned, the 30th Infantry Regiment of the 3rd Infantry Division, did not receive the Distinguished Unit Citation while he was assigned to it.

15. Department of the Army Pamphlet 672-1 shows the applicant’s unit did not receive the Meritorious Unit Commendation while he was assigned to it.

16. The applicant’s Enlisted Record shows he qualified expert with the carbine rifle.

17. There is no evidence in the available records which shows the applicant qualified expert with the pistol.

18. 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.

19. Army Regulation 600-8-22, in pertinent part, authorizes award of the EAME Campaign Medal for qualifying service in the EAME Theater of Operations for the period 7 December 1941 to 8 November 1945. Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55. The regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the EAME Campaign Medal.

20. 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)

21. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal. The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

22. Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946. The current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.

23. 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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

24. 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.

25. 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.

26. Army Regulation 600-8-22, in pertinent part, states that the Meritorious Unit Commendation (formerly known as the Meritorious Service Unit Plaque until
1 March 1961) is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months during the period of military operations against an armed enemy occurring on or after
1 January 1944. Service in a combat zone is not required, but must be directly related to the combat effort. The unit must display such outstanding devotion and superior performance of exceptionally difficult tasks as to set it apart and above other units with similar missions. The degree of achievement required is the same as that which would warrant award of the Legion of Merit to an individual. Only in rare cases will a unit larger than a battalion qualify for award of this decoration. For services performed during World War II, awards will be made only to service units and only for services performed between 1 January 1944 and 15 September 1946.

27. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

CONCLUSIONS:

1. The applicant is entitled to award of the World War II Victory Medal for his honorable service from 30 March 1943 through 30 May 1944. Therefore, his military records should be corrected to show this medal.

2. Evidence of record shows the applicant served in the European Theater of Operations from 8 October 1943 through 8 April 1944 and participated in three campaigns. Therefore, the applicant is entitled to award of the EAME Campaign Medal with three bronze service stars and correction of his military records to show these awards.

3. The Board considered the applicant’s contention that he is entitled to the Combat Infantryman Badge. However, there is no evidence of record to support this contention. There are no orders for the Combat Infantryman Badge in the available records. The applicant signed his Enlisted Record attesting to the fact that his military specialty was ammunition carrier and his Final Pay Statement does not show entitlement to combat infantry pay. Therefore, the Board determined that there was insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

4. The applicant’s Enlisted Record shows the “Bronze Star” as an authorized award. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he received a second award of the Bronze Star Medal with “V” Device. Therefore, the Board determined that there is insufficient evidence on which to base award of the Bronze Star Medal with First Oak Leaf Cluster with “V” Device in this case.

5. The applicant is entitled to the first award of the Good Conduct Medal for the period 30 March 1943 through 30 May 1944 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, the applicant is entitled to correction of his records to show this award.

6. The Board considered the applicant’s contention that he is entitled to two awards of the Purple Heart.

7. The applicant’s Enlisted Record shows that he was awarded the Purple Heart for wounds received in action on 29 January 1944 in Italy when he was struck in the chest by fragments from enemy high explosive shell.

8. The applicant’s Certificate of Disability for Discharge shows he became unfit for duty on 29 January 1944 when he was struck by fragments in his chest from an enemy mortar shell on 29 January 1944 in Italy.

9. The Board reviewed the medical record which indicates the applicant was hospitalized in February 1944 in Italy for a battle injury (wounds to his heart and spleen) sustained as the result of an artillery shell. It appears that this hospitalization at a General Hospital was related to his wounds sustained on
29 January 1944. In the absence of orders or other evidence of record showing the applicant was wounded a second time as a result of hostile action, the Board determined that this medical report is not sufficient as a basis for award of a second Purple Heart. Therefore, there is no basis for granting the applicant’s request for two awards of the Purple Heart.

10. The applicant is entitled to award of the American Campaign Medal for his honorable service from 30 March 1943 through 30 May 1944. Therefore, his military records should be corrected to show this medal.

11. Department of the Army Pamphlet 672-1 shows the applicant’s unit did not receive the Presidential Unit Citation or the Meritorious Unit Commendation while he was assigned to it. Therefore, the Board determined that there is no evidence on which to base award of the Presidential Unit Citation or the Meritorious Unit Commendation in this case.

12. The evidence of record shows the applicant qualified expert with the carbine rifle. Therefore, the applicant is entitled to award of the Expert Marksmanship Qualification Badge with Rifle Bar.

13. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows the applicant qualified expert with the pistol. Therefore, the Board determined that there is no evidence on which to base award of the Expert Marksmanship Qualification Badge with Pistol Bar in this case.

14. 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 be corrected by showing that the individual concerned was awarded the World War II Victory Medal, the EAME Campaign Medal with three bronze service stars, the first award of the Good Conduct Medal, the American Campaign Medal and the Expert Marksmanship Qualification Badge with Rifle Bar.

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

BOARD VOTE:

RVO____ KAH____ BJE_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002070674
SUFFIX
RECON
DATE BOARDED	20021024
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.