PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 August 2002
         DOCKET NUMBER: AR2002072499


         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. Joann Langston		Chairperson
Mr. Raymond V. O’Connor		Member
Ms. Barbara J. Lutz		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, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show his organization as Headquarters Company, 2nd Battalion, 134th Infantry Regiment, 35th Infantry Division, instead of Headquarters Company, 654th Tank Destroyer Battalion. He also requests correction of his discharge document to show award of the Purple Heart.

3. The applicant states that he was never in the 654th Tank Destroyer Battalion as shown on his discharge document. He also contends that he received the Purple Heart from the Secretary of War at the time in question. In support of his application, he submits a copy of his WD AGO Form 53-55; an undated document from the Secretary of War; a Department of Veterans Affairs letter, dated 18 April 2001; a fact sheet on VA Healthcare Enrollment Priority Groups; NA Form 13075 (Questionnaire About Military Service), dated 30 May 2001; and Standard Form 180 (Request Pertaining to Military Records), dated
30 April 2001.

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
23 August 1940. He served as a radio operator in the European Theater of Operations from 25 May 1944 through 14 July 1945 and was honorably discharged on 27 July 1945.

5. The applicant’s WD AGO Form 53-55 shows in item 6 (Organization) that he was assigned to Headquarters Company, 654th Tank Destroyer Battalion, at the time of his separation.

6. The Board noted that the applicant’s WD AGO Form 53-55 shows he was authorized the Bronze Star Medal by Headquarters, 35th Infantry Division, in 1945. However, there is no evidence in the available records which shows the applicant was assigned to Headquarters Company, 2nd Battalion, 134th Infantry Regiment, 35th Infantry Division, during World War II.

7. The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. Item 34 (Wounds Received in Action) on the WD AGO Form 53-55 states, “None.”

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

9. In support of his claim for award of the Purple Heart, the applicant provided an undated document which states “It is an honor for me to forward this decoration” and it is signed by the Secretary of War. This document does not specify the type of decoration being forwarded by the Secretary of War; however, it contains a handwritten entry, apparently made by the applicant, which states, “PURPLE HEART.”

10. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, will show whether or not a World War II unit was authorized occupation credit, thus entitlement to the Army of Occupation Medal. This document shows the applicant’s unit shown on his WD AGO Form 53-55, the 654th Tank Destroyer Battalion, and the unit to which he contends he was assigned to, the 134th Infantry Regiment, 35th Infantry Division, both received occupation credit for Germany for the period from 2 May to
14 August 1945. The Army of Occupation Medal with Germany Clasp is not shown on his discharge document.

11. The applicant’s WD AGO Form 53-55 shows entitlement to the Combat Infantryman Badge.

12. Technical Manual 12-235, which prescribed the policy and procedure for the preparation and distribution of separation documents during the period in question, states that the last unit, or similar element to which the individual was assigned, rather than the element of which he was part while moving to a separation activity will be entered in item 6 (Organization) of the WD AGO Form 53-55. It also notes that assignments to units for the purpose of transfer from a theater to the United States is considered part of the movement to a separation activity.

13. 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.

14. 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.

15. Army Regulation 600-8-2 also states, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

CONCLUSIONS:

1. There is no conclusive evidence of record available to the Board which shows the applicant was assigned to Headquarters Company, 2nd Battalion, 134th Infantry Regiment, 35th Infantry Division.

2. Evidence of record shows the applicant signed his WD AGO Form 53-55 on 27 July 1945 attesting to the fact that his organization was Headquarters Company, 654th Tank Destroyer Battalion. In the absence of military records showing the applicant served with Headquarters Company, 2nd Battalion,
134th Infantry Regiment, 35th Infantry Division during World War II, there is no basis for correcting the applicant’s WD AGO Form 53-55 at this time.

3. There are no orders for the Purple Heart in the available records. There is also no evidence of record available to the Board which shows the applicant was wounded or treated for wounds as a result of hostile action during World War II.

4. The Board considered the document provided by the applicant in support of his claim for award of the Purple Heart. However, based on the foregoing paragraph, the Board determined that this document is not sufficient by itself as a basis for award of the Purple Heart.

5. The applicant received award of the Bronze Star Medal prior to his separation from active duty on 27 July 1945. After his discharge from the Army, he became entitled to a second award of the Bronze Star Medal based on his award of the Combat Infantryman Badge during World War II. Therefore, the applicant is entitled to two awards of the Bronze Star Medal (Bronze Star Medal with First Oak Leaf Cluster) and correction of his records to show the Bronze Star Medal with First Oak Leaf Cluster.

6. The Board noted that the Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register shows the applicant’s unit shown on his WD AGO Form 53-55, the 654th Tank Destroyer Battalion, and the unit to which he contends he was assigned to, the 134th Infantry Regiment,
35th Infantry Division, both received occupation credit for Germany for the period from 2 May to 14 August 1945. Therefore, the applicant is entitled to correction of his military records to show award of the Army of Occupation Medal with Germany Clasp.

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 by showing that the individual concerned was awarded the Bronze Star Medal with First Oak Leaf Cluster and the Army of Occupation Medal with Germany Clasp.

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

BOARD VOTE:

JL_____ RVO_____ BJL_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Joann Langston_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002072499
SUFFIX
RECON
DATE BOARDED	20020820
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	100.0000
2.	107.0015
3.
4.
5.
6.