PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 September 2002
         DOCKET NUMBER: AR2002074712


         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:

Mr. Fred N. Eichorn		Chairperson
Ms. Barbara J. Ellis		Member
Mr. William D. Barr		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, as the daughter of a deceased former service member (FSM), correction of her father’s military records to show award of the Purple Heart.

3. The applicant states that her father was wounded in combat during the Ardennes campaign during the winter of 1944/1945. In support of her application, she submits a copy of the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation); his WD AGO Form 100 (Separation Qualification Record); letter orders for the Bronze Star Medal; an award certificate for the Bronze Star Medal; orders for the Meritorious Service Unit Plaque; an excerpt titled “BRIEF HISTORY OF 329th. INF. IN ACTION & CO. A, 306th. MED. BN.”; extracts from her father’s book titled, “MEDIC”; and the FSM’s Death Certificate.

4. The FSM'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 FSM was inducted on
14 October 1943. He served as a litter bearer in the European Theater of Operations from 29 June 1944 through 12 December 1945 and was honorably discharged on 29 December 1945.

5. The FSM’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 shows the entry, “None.”

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

7. The available records contain the FSM’s WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), dated 29 December 1945. This medical record, which was authenticated by the FSM, shows the entry “NONE” in item 11 (List all Significant Diseases, Wounds and Injuries).

8. There is no indication of hospital admission cards in the records of the Surgeon General of the Army which show the FSM was hospitalized or treated for wounds or injuries as a result of hostile action.

9. In support of her claim for the Purple Heart, the applicant provided excerpts from a book, authored by the FSM, wherein he recorded his World War II experiences. In summary, this documentation states that the FSM sustained a shrapnel wound to his left arm in the Ardennes Forest during World War II.

10. The FSM’s WD AGO Form 53-55 shows he was awarded the Combat Medical Badge during World War II.

11. The available records contain Letter Orders, dated 2 June 1952, for award of the Bronze Star Medal for exemplary conduct in ground combat against the armed enemy during the Central Europe Campaign in the European Theater of Operations. The Bronze Star Medal (based on award of the Combat Medical Badge) is not shown on his discharge document.

12. 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 FSM was assigned, the 308th Medical Battalion, received occupation credit for Germany for the period from 2 May to 31 October 1945. The Army of Occupation Medal with Germany Clasp is not shown on his discharge document.

13. The available records contain General Orders Number 77, dated 23 April 1945, which show the FSM was awarded the Meritorious Service Unit Plaque (currently known as the Meritorious Unit Commendation) for superior performance of duty during the period 10 November 1944 to 20 January 1945. This award is not shown on his discharge document.

14. 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.

15. 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.




CONCLUSIONS:

1. The Board considered the applicant’s contention that her father was wounded in combat during the Ardennes campaign during the winter of 1944/1945. The Board also considered the excerpts of the FSM’s book provided in support of the applicant’s claim. However, there is no evidence of record available to the Board which shows the FSM was wounded or treated for wounds as a result of hostile action during World War II.

2. Medical evidence of record shows the FSM did not have any wounds or injuries at the time of his separation from the Army on 29 December 1945.

3. The FSM signed his discharge document on 29 December 1945 attesting to the fact that he was not wounded in action and was not entitled to the Purple Heart. In view of the foregoing, the Board determined that there is insufficient evidence upon which to base award of the Purple Heart in this case.

4. The FSM was awarded the Bronze Star Medal in 1952 based on award of the Combat Medical Badge. Therefore, he is entitled to correction of his military records to show this medal.

5. The FSM’s unit received occupation credit for Germany for the period from
2 May to 31 October 1945. Therefore, he is entitled to award of the Army of Occupation Medal with Germany Clasp and correction of his military records to show this medal.

6. The FSM’s unit received the Meritorious Unit Commendation for superior performance of duty during the period 10 November 1944 to 20 January 1945. Therefore, he is entitled to correction of his military records to show this award.

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 FSM was awarded the Bronze Star Medal (based on award of the Combat Medical Badge), the Army of Occupation Medal with Germany Clasp and the Meritorious Unit Commendation.






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

BOARD VOTE:

FNE____ BJE____ WDB____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Fred N. Eichorn______
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002074712
SUFFIX
RECON
DATE BOARDED	20020910
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0000
3.
4.
5.
6.