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ARMY | BCMR | CY2002 | 2002074180C070403
Original file (2002074180C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 April 2003
         DOCKET NUMBER: AR2002074180


         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:

Mr. Melvin H. Meyer Chairperson
Mr. Curtis L. Greenway Member
Ms. Mae M. Bullock 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.


2. The applicant requests correction of his records to show all awards to which he is entitled and especially the Purple Heart.

3. The applicant makes no statement, but he provided three statements of support with his application.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board consist primarily of the WD AGO Form 53-98 (Military Record and Report of Separation) and WD AGO Form 100 (Separation Qualification Record) provided by the applicant.

5. The applicant's WD AGO Form 53-55 shows that he was inducted on 12 February 1943 and was assigned in the Field Artillery Branch to the 602d Field Artillery Battalion. He served in the Asiatic-Pacific Theater from 5 August 1943 to 17 November 1943 and then served in the European-African-Middle Eastern Theater of Operations from 1 March 1944 to 16 October 1945. The applicant was honorably separated from active duty on 29 October 1945.

6. The applicant's WD AGO Form 53-55 shows in item 32 (Battles and Campaigns) that he participated in five campaigns during World War II.

7. The applicant's WD AGO Form 53-55 shows in item 33 (Decorations and Citations) that he only received award of the Good Conduct Medal and the Bronze Service Arrowhead.

8. There is no entry for award of the Purple Heart on the applicant's discharge document and item 34 (Wounds Received in Action) contains the entry, "None."

9. There are no hospital admission records in the records maintained by the Office of The Surgeon General of the Army which show that the applicant was hospitalized for wounds or injuries sustained as a result of hostile action.

10. A search of the unit records of the 602d Field Artillery located at the National Archives in College Park, Maryland, was conducted in effort to locate records which would support the applicant's claim to award of the Purple Heart. Unit records and Daily Staff Journals failed to show that the applicant was awarded the Purple Heart or that he was wounded or treated for wounds resulting from hostile action.

11. The first statement of support provided by the applicant was dated 13 March 2001 and was written by a retired colonel who stated that he was a first lieutenant in the 602d Field Artillery during World War II. This retired officer stated that the applicant was a member of Headquarters Battery of the 602d Field Artillery when it engaged the enemy at Menton in Southern France. He further stated: "During that period of time he [the applicant] received wounds as a result of shrapnel and was admitted to a field hospital, the 78th I believe, where he was confined for about two weeks. He was returned to duty."

12. The second statement of support provided by the applicant was dated 19 March 2001 and was written by a retired colonel who stated that he served as a captain in the 602d Field Artillery throughout all its time in combat during World War II. This retired officer stated that, as the Commander of Battery B, he was in frequent contact with PFC [Private First Class, the applicant's last name omitted] who served as "communications enlisted man of Hq [Headquarters] Battery of the battalion." In pertinent part, the retired colonel stated: "After our participation in the landings on D Day and progress had been made into France, I recall that [the applicant's rank and name omitted] was wounded and was sent back to the 78th Field Hospital. After two or three weeks, he returned to the battalion and resumed his duties. Later I also recall that [the applicant's rank and name omitted] was again wounded and returned to duty.

13. The third statement of support provided by the applicant was dated 6 May 2002 and was written by a retired Major General of the U.S. Army Reserve who stated that he was a member of 602d Field Artillery and served with the applicant. This retired General Officer stated: "I have reliable information that he [the applicant] suffered wounds during combat. These wounds required hospitalization, and he was incapacitated for a period of approximately two weeks. From information available to me, it would be my considered opinion that he fully qualifies for the Purple Heart, having been wounded in action."

14. Review of the records in this case revealed that the applicant was eligible for award of the Asiatic-Pacific Campaign Medal with one bronze service star, the European-African-Middle Eastern Campaign Medal with four bronze service stars, the Army of Occupation Medal with Germany Clasp and the World War II Victory Medal. These awards are not shown on the applicant's WD AGO Form 53-55. Although the bronze arrowhead device was authorized on the applicant's WD AGO Form 53-55, the Board also noted that there is no indication of the operation for which it was authorized or to which campaign medal it should be affixed.

15. The applicant's WD AGO Form 53-55 shows in item 36 (Service Outside the Continental United States and Return) that he served in the Asiatic-Pacific Theater from 5 August 1943 to 17 November 1943. Item 32 shows that he received credit for participation in the Aleutian Islands Campaign. Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the Aleutian Islands Campaign occurred in the Asiatic-Pacific Theater.

16. The applicant's WD AGO Form 53-55 shows in item 36 (Service Outside the Continental United States and Return) that he served in the European-African-Middle Eastern Theater of Operations from 1 March 1944 to 23 October 1945. Item 32 of his WD AGO Form 53-55 shows that he received credit for participation in the Rome-Arno, Southern France, Rhineland, and Central Europe Campaigns. Army Regulation 600-8-22 (Military Awards) shows that the Rome-Arno, Southern France, Rhineland, and Central Europe Campaigns occurred in the European-African-Middle Eastern Theater of Operations.

17. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, assault landing credit during World War II. This document shows that the unit to which the applicant was assigned, the 602d Field Artillery Battalion, received assault landing credit for Southern France during the period 15-16 August 1944 based on War Department General Order 70-45.

18. Department of the Army Pamphlet 672-1 also shows, among other information, occupation credit during World War II. This document shows the unit to which the applicant was assigned, the 602d Field Artillery Battalion, received occupation credit for Germany for the period from 2 May to 31 October 1945.

19. 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.

20. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Asiatic-Pacific Campaign Medal. It is awarded for service in the Asiatic-Pacific Theater of Operations between 7 December 1941 and 2 March 1946. Qualifying service for this award includes permanent assignment in the theater, service in a passenger or a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit showing actual participation in combat.

21. Army Regulation 600-8-22, in pertinent part, authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945.

22. Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or in item 32 (Battles and Campaigns) of the WD AGO Form 53-55. The regulation further states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Asiatic-Pacific Campaign Medal and the European-African-Middle Eastern Campaign Medal.

23. 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 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.

24. Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility. For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

25. 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.

CONCLUSIONS:

1. The Board considered the applicant's request for award of the Purple Heart. The Board reviewed the applicant's service personnel records, the statements of support, and the result of the review of unit records.

2. The Board noted that, at the time of his separation from the Army, he authenticated his discharge which shows that he was not awarded the Purple Heart and that he did not sustain wounds in action.

3. The Board reviewed the statements of support provided by the applicant. Notwithstanding the fact that they all indicate the applicant was wounded while a member of Headquarters Battery of the 602d Field Artillery Battalion, these statements do not indicate the authors were eyewitnesses and these statements do not indicate specific date, time, or circumstances of the wounding. Therefore, these statements are not sufficient as a basis for award of the Purple Heart in the absence of other corroborating evidence, particularly in view of the official records which state that the applicant was not awarded the Purple Heart and he was not wounded as the result of hostile action.
4. The applicant was entitled to award of the Asiatic-Pacific Campaign Medal with one bronze service star based on his service during the Aleutian Islands Campaign in the Asiatic-Pacific Theater of Operations. Therefore, he is entitled to correction of his records to show these service awards.

5. The applicant was entitled to award of the European-African-Middle Eastern Campaign Medal with four bronze service stars based on his service during the Rome-Arno, Southern France, Rhineland, and Central Europe Campaigns in the European-African-Middle Eastern Theater of Operations. The applicant is entitled to the bronze arrowhead device to be affixed to the European-African-Middle Eastern Campaign Medal for assault operations in Southern France on 15-16 August 1944. Therefore, he is entitled to correction of his records to show these service awards.

6. Orders show that the unit to which the applicant was assigned, the 602d Field Artillery Battalion, was awarded occupation credit for service in Germany. 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. The applicant was entitled to award of the World War II Victory Medal based on his service during World War II. Therefore, he is entitled to correction of his records to show this award.

8. 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 that the individual concerned was awarded the Asiatic-Pacific Campaign Medal with one bronze service star;

         b. by showing that he was awarded the European-African-Middle Eastern Campaign Medal with four bronze service stars and with the bronze arrowhead device;

         c. by showing that he was awarded the Army of Occupation Medal with Germany Clasp; and

         d. by showing that he was awarded the World War II Victory Medal.



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

BOARD VOTE:

__MHM__ __MMB__ __CLG__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Mr. Melvin H. Meyer_
                  CHAIRPERSON




INDEX

CASE ID AR2002074180
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030422
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.


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