PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 February 2003
         DOCKET NUMBER: AR2002073598


         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. Lee Tinsley		Analyst

The following members, a quorum, were present:

Ms. Joann Langston		Chairperson
Mr. Allen L. Raub		Member
Mr. Lester Echols		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, the son of a deceased former service member (FSM) requests that his father’s WD AGO 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) be corrected to show award of the Combat Infantryman Badge (CIB), the Bronze Star Medal, the National Defense Service Medal (NDSM), the American Defense Service Medal (ADSM), the World War II Victory Medal, the Meritorious Unit Citation (MUC), the Presidential Unit Citation (PUC), the qualifications for Pistol and Rifle, the European-African-Middle Eastern Service Ribbon (EAME) with 4 stars, the French and Belgium Medals, and a second award for the Purple Heart (PH).

3. The applicant submits the FSM’s death certificate, his birth certificate, the FSM’s WD AGO Form 53-55 and Honorable Discharge Certificate,
a WD AGO Form 100 (Separation Qualification Record), and a Heavy Weapons Crewman Training Certificate.

4. The applicant states that the medals were left off after a second wound that the FSM received on 1 April 1945, which put him in the hospital.

5. The FSM’s available military records show that on 20 June 1944, he was inducted and entered active duty as a Rifleman. He was then transferred to the European theater on 25 November 1944. On 1 April 1945, he was wounded as a result of enemy action and spent 44 days in the hospital. This is the only record of hospitalization or medical treatment available for the FSM. He was then transferred back to the United States on 4 October 1945 and discharged from the U.S. Army on 19 October 1945 with an Honorable Discharge. The rest of the FSM’s military records were lost or destroyed in a fire in 1973 at the National Personnel Records Center. His WD AGO 53-55 shows that he qualified as a marksman with the rifle. It also shows that he participated in three campaigns and was awarded the Good Conduct Medal, the PH and the EAME.

6. 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 medical treatment, and the medical treatment must have been made a matter of official record.

7. AR 600-8-22, paragraphs 2-10 a and 2-10 c, states in part, that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive, between
1 January 1961 and 14 August 1974, both dates inclusive, and 2 August 1990 to a date to be determined. In addition, Executive Order 12776 extended award of the NDSM to all members of the Army National Guard and United States Army Reserve who were part of the selected Reserve in good standing during the period 2 August 1990 to a date to be determined.

8. AR 600-8-22, paragraph 5-16a, states in part, that the American Defense Service Medal (ADSM) is awarded for service between 8 September 1939 and
7 December 1941 to personnel under orders to active duty for a period of 12 months or longer.

9. AR 600-8-22, paragraph 8-44, states that a basic marksmanship 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 he or she qualified. Each bar will be attached to the basic badge, which indicates the qualification last attained with the respective weapon.

10. AR 600-8-22, paragraph 5-17, Army of Occupation of Germany Medal, states that the medal was awarded for service in Germany or Austria-Hungary between 12 November 1918 and 11 July 1923.

11. AR 600-8-22, paragraph 5-10 provides for the award of the Army of Occupation Medal and states that soldiers who served in the European Theater during the occupation of Europe will wear the clasp inscribed “Germany.”

12. AR 600-8-22, paragraph 8-6c(2) states that a recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.
The unit in question can be of any size smaller than brigade. For example, personnel possessing an infantry MOS in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the Combat Infantryman Badge (CIB). Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during this period.

13. AR 600-8-22, paragraph 3-13d(2) states in part, that each member of the Armed Forces of the United States who, after 6 December 1941, has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement has been otherwise confirmed by documents executed prior to 1 July 1947 is authorized an award of the Bronze Star Medal. For this purpose, an award of the Combat Infantryman Badge or Combat Medical Badge is considered as a citation in orders.

14. AR 600-8-22, paragraph 5-11 states that the World War II Victory Medal was established by the act of Congress on 6 July 1945. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

15. AR 600-8-22, paragraph 5-12a states that the European-African-Middle Eastern Service Ribbon is awarded for service within the European-African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.

16. DA PAM 672-1, Unit Citation and Campaign Participation Credit Register, cites the units and the dates received for the awards of the Meritorious Unit Commendation and the Distinguished Unit Citation. The Distinguished Unit Citation is now referred to as the Presidential Unit Citation. The pamphlet shows that the FSM’s unit was awarded the Presidential Unit Citation in orders
WD GO 17-45. It also shows that the FSM’s unit was credited with service in the Occupation of Germany from 20 May to 4 September 1945. The pamphlet does not show that the FSM’s unit was awarded any other citations or any foreign awards from the French or Belgium governments.

CONCLUSIONS:

1. On 1 April 1945, the FSM was wounded and spent 44 days in the hospital. He was awarded the Purple Heart, which is annotated, on his WD AGO 53-55, dated 19 October 1945. There is no evidence that he was wounded a second time, therefore, there is insufficient evidence to support a second award of the Purple Heart.

2. There is no evidence in the FSM’s record that he is entitled to the award of the National Defense Service Medal. The award was given for service between 27 June 1950 to 27 July 1954 and the applicant’s service was between 20 June 1944 and 19 October 1945.

3. There is no evidence in the FSM’s record that he is entitled to the award of the American Defense Service Medal (ADSM). The award was given for service between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer. The applicant’s service was between 20 June 1944 and 19 October 1945.

4. There is no evidence in the FSM’s record that he qualified with the pistol. Qualification for the rifle is already annotated on the applicant’s WD AGO 53-55.

5. There is no evidence of record to substantiate the award of any French or Belgium medals.

6. Although the FSM is not eligible for the Army of Occupation of Germany Medal he is eligible for award of the Army Occupation Medal w/Germany Clasp.

7. Because the FSM was an Infantry Rifleman; served in Europe during World War II, and was engaged in ground combat, he is entitled to the award of the Combat Infantryman Badge.

8. Based on the FSM’s award of the Combat Infantryman Badge, he is also entitled to award of the Bronze Star Medal.

9. The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946. The FSM’s service was between
20 June 1944 and 19 October 1945 and he is entitled to this award.

10. The European-African-Middle Eastern Service Ribbon is already listed on the FSM’s WD AGO 53-55. DA PAM 672-1 credits the FSM’s unit with three separate campaigns and they are listed on his WD AGO 53-55. Therefore, the FSM is entitled to three bronze service stars for wear on the EAME.

11. DA PAM 672-1 shows that the FSM’s unit was awarded the Presidential Unit Citation but does not show any other citations or foreign awards.

12. In view of the foregoing, the FSM’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by preparing a DD Form 215 and a DD Form 1577 awarding the individual concerned the following awards:

a.       Combat Infantryman Badge
b.       Bronze Star Medal
c.       World War II Victory Medal
d.       Presidential Unit Citation
e.       Army Occupation Medal w/Germany Clasp

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

BOARD VOTE:

__jl__ ___ar___ ___le_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Joann Langston___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073598
SUFFIX
RECON
DATE BOARDED	20030220
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	PARTIAL GRANT
REVIEW AUTHORITY
1. 107.69	NDSM (deny)
2.	CIB (grant)
3.	BRONZE STAR (grant)
4.	ADSM (deny)
5.	WWII VICTORY (grant)
6.	PUC (grant)
7.	French/Belgium Medals (deny)
8.	AOM w/Germany (grant)
9.	2nd Purple Heart (deny)
10.	EAMES Ribbon (deny 4 star/grant 3 stars)

The applicant’s unit is credited with 3 campaigns therefore the applicant is only authorized 3 stars on the European African Middle Eastern Service Ribbon.

DA PAM 672-1 credits the applicant’s unit with the occupation of Germany between 20 May 1945 to 4 September 1945, therefore he is authorized to wear the Army Occupation Medal w/Germany Clasp.


In accordance with the guidance contained in Army Regulation 600-8-22, paragraph 2-8 b(2), dated 25 February 1995, in effect, a wound is defined as an injury to any part of the body from an outside force or agent as a result of an act of any enemy of opposing armed forces. The wound or injury for which the award is made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.