PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 December 20003
         DOCKET NUMBER: AR2002074201


         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. Walter Avery, Jr.		Analyst

The following members, a quorum, were present:

Ms. Celia L. Adolphi		Chairperson
Mr. Ted S. Kanamine cond		Member
Mr. Conrad V. Meyer		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 that he believes that his records should reflect that he was awarded the Purple Heart.

4. In support of his request, the applicant submitted a copy of his WD AGO
Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge).

5. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. However, two partial War Department, Battle Casualty Reports were recovered.

6. The applicant's WD AGO Form 53-55 shows he entered active duty on 5 January 1943, his military occupational specialty was tank mechanic, he served in the European Theater of Operations from 23 February 1944 through 20 May 1945, and served in the continental service for 1 year, 6 months and 10 days. The applicant was honorably separated from active duty on 2 October 1945. There is no indication of indiscipline or lost time in his records.

7. His WD AGO Form 53-55, reflects that he was awarded three Bronze Battle Stars, the Bronze Star Medal, the Silver Star Medal, and the European-African-Middle-Eastern Theater Ribbon. The Purple Heart is not reflected as an authorized award.

8. The Battle Casualty Reports reflect that the applicant was slightly injured in Germany on 24 Mar 1945 and was evacuated to the United States on 20 May 1945.

9. 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.

10. The same regulation provides that:

a. the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946.

b. 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.

c. the World War II Victory Medal. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

d. the Bronze Service Star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal. In the applicant’s case, he is entitled to one additional Bronze Service Stars (for a total of four) to be worn on his European-African-Middle Eastern Campaign Medal for participation in the Central Europe campaign.

e. 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 specifies that individual assault credit is tied directly to the combat assault credit decision for the unit to which the soldier is assigned. The regulation requires that the unit must be credited with a combat assault in order for the soldiers to receive credit for a combat assault and the soldier must physically exit the aircraft or the watercraft as appropriate. 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.

11. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows that during his assignment to the 747^th Tank Battalion, the unit was awarded assault landing credit for Normandy, for the period 6-7 June 1944, by War Department Order 70, 1945; the French Croix de Guerre for the period 6 June 1944, by Department of the Army General Order 43, 1950, and occupation credit for the occupation of Germany, for the period 2 May through 4 September 1945.




CONCLUSIONS:

1. While there are no “other” official records available to validate that the applicant was wounded in action during World War II, the Battle Casualty Report indicating that he was wounded in Germany on 24 March 1945, is convincing evidence that he was wounded in action and met the criteria for award of the Purple Heart. Accordingly, the Board concludes that he should be awarded the Purple Heart for those wounds.

2. The applicant achieved the rank of technician fifth grade, was awarded the Bronze and Silver Star Medals and his separation document reflects no lost time. As such, it would appear that, notwithstanding the absence of his records, the absence of the Good Conduct Medal for the period of his service from 5 January 1943 through 25 October 1945 was in error and he is entitled to the award. Therefore, he is entitled to correction of his records to show this award.

3. He served a period of "Continental Service" exceeding one year; therefore, he is entitled to award of the American Campaign Medal and correction of his records to show this award.

4. The applicant served a period of qualifying service for award of the World War II Victory Medal; therefore, he is entitled to correction of his records to show award.

5. Based on the period of his assignment with the 747^th Tank Battalion, he is entitled to credit for assault landing credit signified by awarding him the bronze arrowhead device for wear on the European-African-Middle Eastern Campaign Medal, the French Croix de Guerre, one additional Bronze Service Star for the Central Europe campaign (for a total of four) and credit for the occupation of Germany signified by awarding the Army of Occupation Medal with Germany Clasp.

6. Without records, it could not be determined if the applicant qualified for any other awards.

7. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.








RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the applicant was awarded the Purple Heart, the Army Good Conduct Medal for the period 5 January 1943 through 25 October 1945, the American Campaign Medal, the World War II Victory Medal, the bronze arrowhead device and one additional Bronze Service Star to be worn on the European-African-Middle Eastern Campaign Medal, the French Croix de Guerre and the Army of Occupation Medal with Germany Clasp.

BOARD VOTE:

____cla__ ____tsk__ ____cvm GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________Celia L. Adolphi_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002074201
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021210
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION
REVIEW AUTHORITY
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.