PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 August 2002
         DOCKET NUMBER: AR2002072215


         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:

Ms. Irene N. Wheelwright		Chairperson
Mr. Arthur A. Omartian		Member
Mr. Thomas Lanyi		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 award of the Purple Heart.

3. The applicant states, in effect, that he was wounded by exploding artillery shells on 15 April 1944 at Anzio, Italy. He contends that after the shelling stopped the medics cleaned him up; however, he told the medics not to file a report that he had been wounded because he did not want his parents to receive such a report. He also contends that after 58 years he has changed his mind and would like to receive the Purple Heart for his wounds. He further states that he has located five soldiers from his outfit that knew first hand about his wounds and they have provided statements on his behalf. In support of his application, he submits an attachment, dated 6 April 2002; a Standard Form 180 (Request Pertaining to Military Records), dated 10 February 2002; five eyewitness statements; a letter of explanation, dated 26 January 2002; and a letter, dated
9 January 2002, to the U.S. Army Personnel Center, St. Louis, Missouri.

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 enlisted on
3 February 1940. He served as a first sergeant in the European Theater of Operations from 22 June 1943 until approximately 16 June 1945 and was honorably discharged on 23 June 1945. The applicant was ordered to active duty on 1 September 1950 from the Army National Guard. He served as an executive officer in Korea and was released from active duty on 19 July 1952 in the rank of first lieutenant.

5. The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), which was authenticated in his own hand, does not show the Purple Heart as an authorized award. Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows the entry, “None.”

6. There is no evidence in the available records which show the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.

7. The applicant provided five identical eyewitness statements, dated 1, 4 and
5 February 2002, from fellow soldiers at the time in question. These soldiers attest that the applicant was wounded on or about 15 April 1944 at Anzio, Italy. They state that the applicant was knocked down several times by exploding artillery shells and that he received multiple bleedings in both legs. They also state that the medics wanted to file a report that the applicant had been wounded but the applicant did not want a report filed at that time advising his parents that he was wounded in both legs at Anzio, Italy.

8. The Board notes that the applicant is eligible for award of the American Campaign Medal and the World War II Victory Medal which are not shown on his WD AGO Form 53-55.

9. 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, received the Meritorious Unit Commendation for actions during the period 15 August 1944 to 31 January 1945 by War Department General Order 70, dated 3 March 1945. This award is not shown on his WD AGO Form 53-55.

10. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, the unit to which the applicant was assigned, received the French Croix de Guerre for actions during the period 1-31 January 1944 by Department of the Army General Orders Number 43-50. This award is not shown on his WD AGO Form 53-55.

11. Army Regulation 600-8-22 (Military Awards) 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.

12. 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.

13. 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.

14. Army Regulation 600-8-22 provides for award of the French Fourragere as an approved foreign unit award. The French Fourragere may be awarded by the French Government when a unit has been cited twice for award of the French Croix de Guerre. When a unit is cited twice for the Croix de Guerre, then the colors of the fourragere are red and green. When a unit is cited four times, the colors of the fourragere are yellow and green. Award of the fourragere is not automatic and requires a decree by the French Government, and persons who were only in one action are not authorized to wear the fourragere. When a unit was cited only one time for award of the French Croix de Guerre there was no individual device, medal or ribbon authorized for wear by members of the unit.

15. In a 28 March 1983 letter, the U.S. Army Military Personnel Center published the policy regarding awards of the French Croix de Guerre to U.S. Army veterans who had served in World War I and World War II. Essentially, this guidance states that there is no individual emblem presented to or worn by Army soldiers who were in a unit cited by the French Government for the Croix de Guerre. Thus, former members of any American units which appear in Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Credit Register) are not authorized an individual device. This is also true of the Belgian Citation in the Order of the Day and the Netherlands Military Order of William. As a result, the only European foreign unit awards which a former Army service member may wear are the French Fourragere, the Belgian Fourragere and the Netherlands Orange Lanyard.

CONCLUSIONS:

1. There is no evidence of record available to the Board which shows the applicant was injured or treated for wounds sustained as a result of hostile action during World War II.

2. The applicant signed his discharge document on 23 June 1945 attesting to the fact he was not wounded in action and was not entitled to award of the Purple Heart.

3. The Board noted the five eyewitness statements provided in support of the applicant’s claim for award of the Purple Heart. However, these statements, made over 58 years after the fact, are not sufficient by themselves as a basis for award of the Purple Heart in view of evidence of record which shows the applicant was not wounded. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

4. Based on the applicant’s honorable service from 3 February 1940 through
23 June 1945, he is entitled to award of the American Campaign Medal and the World War II Victory Medal. Therefore, his WD AGO Form 53-55 should be corrected to show these awards.

5. The applicant’s unit received the Meritorious Unit Commendation while he was assigned to it. Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this award.

6. The applicant’s unit was cited once for award of the French Croix de Guerre during World War II. Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show this foreign unit award in item 55 (Remarks).

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 showing the entries, “American Campaign Medal”, “World War II Victory Medal” and “Meritorious Unit Commendation” in item 33 (Decorations and Citations) on the WD AGO Form 53-55 of the individual concerned; and

         b. by showing the entry, “French Croix de Guerre – Unit Citation – No Emblem Authorized” in item 55 (Remarks) on his WD AGO Form 53-55.

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

BOARD VOTE:

INW___ AAO_____ TL______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Irene N. Wheelwright____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002072215
SUFFIX
RECON
DATE BOARDED	20020827
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	107.0015
ISSUES 1.	107.0000
2.
3.
4.
5.
6.