PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 July 2002
         DOCKET NUMBER: AR2002071348


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor		Chairperson
Mr. Stanley Kelley		Member
Mr. John P. Infante		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 award of the bronze arrowhead to be worn on his European-African-Middle Eastern Campaign Medal and award of the Purple Heart.

3. The applicant states that he was wounded in the Normandy Invasion and his Purple Heart is not on his discharge document. He also states that he needs proof of the Purple Heart for health care benefits. In support of his application, he submits a copy of his WD AGO Form 53-55, general orders awarding the bronze arrowhead, and a letter from the Office of Veterans Affairs in Clarion, Pennsylvania.

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 9 April 1943. He completed training as a light truck driver and served in England from 2 November 1943 through 20 November 1945. The applicant was honorably discharged from active duty on 21 December 1945.

5. The applicant's WD AGO Form 53-55 shows entitlement to the European-African-Middle Eastern Campaign Medal with four bronze service stars.

6. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) dated 6 July 1961, shows at the time of the applicant’s assignment to the 392nd Medical Collecting Company, the unit received credit for assault landings in Normandy for the period 6 to 7 June 1944 by War Department of the Army General Orders Number 70, dated 1945.

7. The applicant provided a copy of Headquarters, 178th Medical Battalion General Orders Number 2, dated 10 July 1945, which lists those individuals who were authorized the bronze arrowhead for assault landings while assigned to the 392nd Medical Collecting Company in the European Theater of Operations. The applicant's name is listed on this order.

8. The applicant's WD AGO Form 53-55, which was authenticated in his own hand at the time of his separation from the Service, does not show the Purple Heart as an authorized award. His WD AGO Form 53-55 shows the entry “None” in item 34 (Wounds Received in Action).

9. There are no orders in the available records which show that the applicant was awarded the Purple Heart. There also is no evidence available to the Board which shows he was wounded or treated for wounds as a result of hostile action.

10. The applicant provided a letter from the Department of Veterans Affairs, dated 13 March 2002. This letter indicates that the applicant was in one of the first waves to land on Normandy Beach. Further, it indicates that the applicant received shrapnel in the lower part of his leg and that the shrapnel has never been removed.

11. The Board noted that the applicant is entitled to the Bronze Star Medal based on award of the Combat Medical Badge and the American Campaign Medal which are not shown on his discharge document.

12. Item 31 (Military Qualification and Date) of the applicant’s WD AGO Form
53-55 shows he was awarded the Combat Medical Badge.

13. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the “arrowhead” to be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission. The regulation specifies that individual assault credit is tied directly to the combat assault credit decision for the unit to which the soldier is assigned. The regulation requires that the unit must be credited with a combat assault in order for the soldiers to receive credit for a combat assault and the soldier must physically exit the aircraft or the watercraft as appropriate. The regulation also specifies that the arrowhead is authorized for wear on the Asiatic-Pacific Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Korean Service Medal, the Vietnam Service Medal, and the Armed Forces Expeditionary Medal.

14. 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.

15. 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. This provision did not go into effect until 10 September 1947 when Change 12 to Army Regulation 600-45 (Decorations) was published.

16. 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.

CONCLUSIONS:

1. Evidence of record available to the Board shows that, while the applicant was assigned to the 392nd Medical Collecting Company, the unit received credit for assault landings in Normandy.

2. Orders show the applicant was authorized the bronze arrowhead based on the assault credit. Therefore, he is entitled to the bronze arrowhead to be affixed to his European-African-Middle Eastern Campaign Medal and correction of his WD AGO Form 53-55 to show the European-African-Middle Eastern Campaign Medal with four bronze service stars and with bronze arrowhead.

3. The Board considered the applicant's contention that he was wounded in the Normandy Invasion; however, there is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.

4. The Board noted the letter from the Office of Veterans Affairs which states the applicant received shrapnel wounds in the lower part of his leg. However, there is no military medical record or other evidence in the applicant’s service personnel records which shows that the applicant was wounded as a result of hostile action. The Board also noted that the applicant signed his own discharge document which attested that he was not wounded and did not receive the Purple Heart. Therefore, there is insufficient evidence on which to base award of the Purple Heart in this case.

5. The applicant's WD AGO Form 53-55 shows he was awarded the Combat Medical Badge during World War II. Based on award of the Combat Medical Badge, the applicant is entitled to award of the Bronze Star Medal. Therefore his WD AGO Form 53-55 will be amended to show award of the Bronze Star Medal.

6. The applicant served a period of qualifying service for award of the American Campaign Medal. Therefore, his WD AGO Form 53-55 will be amended to show this award.

7. 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:

         a. by deleting the European-African-Middle Eastern Campaign Medal with four bronze service stars from the individual concerned WD AGO Form 53-55; and

         b. by showing he was awarded the European-African-Middle Eastern Campaign Medal with four bronze service stars and with bronze arrowhead, the Bronze Star Medal (based on award of the Combat Medical Badge), and the American Campaign Medal.

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

BOARD VOTE:

RVO_____ SK______ JPI____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O'Connor___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002071348
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020718
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0000
2.
3.
4.
5.
6.