PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 July 2002
         DOCKET NUMBER: AR2002073584


         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Ms. Jennifer L. Prater		Chairperson
Mr. Hubert O. Fry		Member
Ms. Gail J. Wire		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 that his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) be corrected to show award of two Purple Hearts.

3. The applicant states, in effect, that he earned two Purple Hearts while on active duty during World War II and they were never added to his discharge document. He states that he needs the Purple Hearts added to his discharge document so he can obtain Purple Heart license plates. In support of his application, an 18 May 2001 letter of explanation; a DA Form 1577 (Authorization for Issuance of Awards) from the National Personnel Records Center, dated 12 December 2001, and letters, dated 16 May 2000 and 20 March 2001, from the applicant to the National Personnel Records Center.

4. The applicant’s military records show that he entered active duty on 24 March 1942 and served in the European Theater of Operations from 3 April 1944 to 5 October 1945. He was honorably separated from active duty on 21 October 1945.

5. The applicant’s WD AGO Form 53-55 does not show the Purple Heart as an authorized award in item 33 (Decorations and Citations). Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 shows the entry, “None.”

6. There are no orders in the applicant’s service personnel records which awarded him the Purple Heart. His WD AGO Form 24 (Service Record) does not show an entry for award of the Purple Heart or any indication that the applicant was wounded. There also is no medical evidence in his records that he was wounded or treated for wounds as a result of hostile action. There are no records showing the applicant was hospitalized for treatment of wounds or injuries as a result of hostile action.

7. The applicant’s WD AGO Form 33 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), dated 20 October 1945, does not show any wounds or injuries as the result of hostile action. The only record of medical treatment shown in item 11 (List all significant diseases, wounds and injuries) is a circumcision performed in March 1943 at Camp Barkley Station Hospital.

8. The 18 May 2001 letter of explanation submitted by the applicant essentially states that he was wounded on 6 or 7 August 1944 when he and a captain were fired at by enemy tanks in the town of Ste. Susanne, France.

9. The DA Form 1577 submitted by the applicant shows award code 11 which identifies the Purple Heart with one bronze oak leaf cluster (two awards of the Purple Heart).
10. The applicant’s 16 May 2000 letter stated essentially that the applicant was disappointed that the National Personnel Records Center did not issue him a “silver battle star,” an oak leaf cluster to his Bronze Star Medal, a bronze arrowhead to be worn on his European-African-Middle Eastern Service Medal. In this letter the applicant acknowledged the request by the National Personnel Records Center for orders for his awards of the Purple Heart, but he stated that he did not have orders or other evidence pertaining to his Purple Heart.

11. The applicant’s 20 March 2001 letter essentially stated that he received the Bronze Star Medal , the European-African-Middle Eastern Service Medal, the World War II Victory Medal; the Combat Infantryman Badge, the Honorable Service Lapel Button, and the Marksmanship Badge with Rifle and Carbine Bars. He further stated that he had not received a bronze oak leaf cluster, five bronze battle stars, a bronze arrowhead, a Presidential Unit Citation which was awarded to the 90th Division and a Purple Heart.

12. Review of the applicant’s WD AGO Form 53-55 revealed that he was awarded the Combat Infantryman Badge, one bronze service arrowhead to be worn on his European-African-Middle Eastern Service Medal, the Good Conduct Medal and the Bronze Star Medal for heroic service (now correctly known as a Bronze Star Medal with “V” Device) during the period 9 to 14 November 1944. His WD AGO Form 53-55 also shows that he participated in five campaigns during World War II.

13. The applicant’s WD AGO Form 53-55 does not show a second award of the Bronze Star Medal to which he is entitled based on award of the Combat Infantryman Badge, award of American Campaign Medal to which he is entitled based on his “Continental Service” of over two years, the Army of Occupation Medal with Germany Clasp and the World War II Victory Medal to which he is entitled based on his service during World War II.

14. The applicant’s WD AGO Form 53-55 and his service records do not show entitlement to award of the Distinguished Unit Badge, now known as the Presidential Unit Citation.

15. 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.

16. 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; therefore, many soldiers separated prior to this date are entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge, but have never been awarded the Bronze Star Medal.

17. Army Regulation 600-8-22 provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.

18. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations including the Bronze Star Medal and the Purple Heart.

19. 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.

20. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or in item 32 (Battle and Campaigns) of the World War II discharge document. The regulation further states a silver service star may be issued in lieu of five bronze service stars and that authorized service stars will be worn on the appropriate service medal which in this case is the European-African-Middle Eastern Service Medal.

21. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, occupation credit during World War II. This document shows the unit to which the applicant was assigned, the 357th Infantry Regiment, received occupation credit for Germany during 20 May 1945 to 31 October 1945.
22. Department of the Army Pamphlet 672-1 also shows unit awards and citations authorized for units which served during World War II. This document shows that the 90th Infantry Division Detachment Headquarters was cited for award of the Distinguished Unit Citation, now known as the Presidential Unit Citation, for actions on 16 and 17 August 1944 based on Department of the Army General Orders Number 12-49. This document also shows the unit to which the applicant was assigned, the 357th Infantry Regiment of the 90th Infantry Division, was not cited for award of the Presidential Unit Citation.

CONCLUSIONS:

1. 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 during World War II.

2. The Board noted the DA Form 1577 prepared by the National Personnel Records Center which authorized issuance of two awards of the Purple Heart. However, the National Personnel Records Center is not authorized to award the Purple Heart or to correct the WD AGO Form 53-55 to show decorations or award of the Purple Heart. Also the DA Form 1577 is not an authority for award of the Purple Heart or other military decorations.

3. In the absence of orders awarding the Purple Heart or medical records showing the applicant was a treated for wounds as a result of hostile action during World War II, there is insufficient evidence upon which to base any awards of the Purple Heart to the applicant or to otherwise amend his records to show awards of the Purple Heart.

4. The applicant is entitled to one award of the Bronze Star Medal with “V” Device based on 90th Division General Orders. He is also entitled to a second award of the Bronze Star Medal which is based on award of the Combat Infantryman Badge. Therefore, he is entitled to correction of his records to show the Bronze Star Medal (First Oak Leaf Cluster) with “V” Device.

5. The applicant served over two years of “Continental Service” in the American Theater; therefore, he is entitled to award of the American Campaign Medal and correction of his records to show this service award.

6. The 357th Infantry Regiment received occupation credit in Germany while the applicant was a member of that unit. Therefore, the applicant is entitled to award of the Army of Occupation Medal with Germany Clasp and correction of his records to show this award.

7. Based on the applicant’s service during World War II, he is entitled to award of the World War II Victory Medal and correction of his records to show this award.

8. The applicant participated in five campaigns during World War II; therefore, he is entitled to award of a silver service star in lieu of five bronze service stars to be worn on his European-African-Middle Eastern Service Medal.

9. There is no evidence, and the applicant has provided no evidence, that he was assigned to a unit during World War II at the time it was cited for award of the Presidential Unit Citation. Therefore, there is insufficient evidence upon which to base correction of the applicant’s records to show award of the Presidential Unit Citation.

10. 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 the individual concerned was awarded the Bronze Star Medal (First Oak Leaf Cluster) with “V” Device, the American Campaign Medal, the Army of Occupation Medal with Germany Clasp, the World War II Victory Medal; and a silver service star to be worn on his European-African-Middle Eastern Service Medal.

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

BOARD VOTE:

__GJW__ __HOF__ __JLP___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Ms. Jennifer L. Prater_
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073584
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002073584
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.