PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 September 2002
         DOCKET NUMBER: AR2002075528


         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. Elzey J. Arledge		Chairperson
Mr. Thomas B. Redfern		Member
Ms. Karen A. Heinz		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 was wounded in Europe on 24 February 1945 and received the Purple Heart, but that his Purple Heart is not shown on his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge). He further states that item 34 (Wounds Received In Action) of his WD AGO Form 53-55 shows that he was wounded.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that he was inducted on 1 October 1941. He completed infantry training and served in the European Theater of Operations from 15 December 1943 through 1 April 1945. The applicant was honorably separated from active duty on 2 October 1945.

5. The applicant's WD AGO Form 53-55 does not show award of the Purple Heart in item 33 (Decorations and Citations).

6. Item 34 shows the entry "24 Feb 45 European Theater."

7. Review of the applicant's records reveals that he was eligible for award of the Bronze Star Medal based on award of the Combat Infantryman Badge, the Good Conduct Medal, the American Campaign Medal, the World War II Victory Medal, and three bronze service stars to be worn on his European-African-Middle Eastern Theater Medal. These awards are not shown on the applicant's discharge document.

8. Item 31 (Military Qualification and Date) shows that the applicant was awarded the Combat Infantryman Badge. His WD AGO Form 53-55 does not show award of the Bronze Star Medal in item 33.

9. There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal. There also is no evidence the applicant was disqualified for award of the Good Conduct Medal. There is no indication of indiscipline or lost time in his records.

10. The applicant's WD AGO Form 53-55 shows that he served two years, 7 months and 19 days of "Continental Service" and received the American Defense Service Medal based on service prior to 7 December 1941. However, his discharge document does not show award of the American Campaign Medal.

11. The applicant served during World War II, but his discharge document does not show award of the World War II Victory Medal.


12. Item 32 (Battles and Campaigns) shows that the applicant participated in three campaigns during World War II: Normandy; Northern France; and Rhineland.

13. 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.

14. 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.

15. Army Regulation 600-8-22 (Military Awards) provides that 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. After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

16. 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.
17. 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.

18. 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 (Battles and Campaigns) of the WD AGO Form
53-55 (Enlisted Record and Report of Separation-Honorable Discharge). The regulation further states that authorized bronze service stars will be worn on the appropriate service medal which is the European-African-Middle Eastern Theater Medal in this case.

CONCLUSIONS:

1. The applicant's discharge document shows that he was wounded in action in the European Theater on 24 February 1945. Therefore, the applicant is entitled to correction of his records to show award of the Purple Heart.

2. The applicant's discharge document shows that he was awarded the Combat Infantryman Badge during World War II. Therefore, he is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his records to show this decoration.

3. The applicant is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years from 1 October 1941 through 30 September 1944. Therefore, he is entitled to correction of his records to show this award.

4. The applicant 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.

5. 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.

6. The applicant participated in three campaigns during World War II; therefore, he is entitled to three bronze service stars to be worn on his European-African-Middle Eastern Theater Medal.

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 Bronze Star Medal based on award of the Combat Infantryman Badge, the first award of the Good Conduct Medal for the period 1 October 1941 through 30 September 1944, the American Campaign Medal, the World War II Victory Medal and three bronze service stars to be worn on his European-African-Middle Eastern Theater Medal.

BOARD VOTE:

___EJA__ __KAH__ __TBR___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Mr. Elzey J. Arledge___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002075528
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	YYYYMMDD
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.