PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 December 2002
         DOCKET NUMBER: AR2002076267


         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. Raymond V. O’Connor		Chairperson
Mr. Stanley Kelley		Member
Mr. Harry B. Oberg		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, in effect, award of the Purple Heart, the Army Commendation Medal, the Good Conduct Medal, the European-African-Middle Eastern (EAME) Campaign Medal, the World War II Victory Medal, the “Foreign Service Clasp”, the “Discharge Duck Patch” (correctly known as the Honorable Service Lapel Button), the “Hash Marks” (correctly known as the Oversea Service Bar), the Army of Occupation Medal with Germany Clasp and unspecified marksmanship badges.

3. The applicant’s request for the issuance of awards and decorations was addressed by separate correspondence to the applicant.

4. The Board notes the applicant also requested award of the Army of Occupation Medal for France, Belgium and Holland. However, Army Regulation 600-8-22 (Military Awards) does not authorize the Army of Occupation Medal for France, Belgium or Holland. Therefore, this portion of the applicant’s request will not be discussed further in these Proceedings.

5. The applicant states, in effect, that his active duty service was during World War II and that he received serious head injuries during the Battle of the Bulge. In support of his application, he submits a letter of explanation, dated 16 June 2002; a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); and his WD AGO Form 100 (Separation Qualification Record).

6. The applicant’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 applicant was inducted on
18 February 1943. He served as a chief of section in the European Theater of Operations from 6 March 1944 through 15 April 1945 and was honorably discharged on 23 July 1945.

7. The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart, the Army Commendation Medal, the World War II Victory Medal, the “Foreign Service Clasp”, the Oversea Service Bar or the Army of Occupation Medal with Germany Clasp as authorized awards.

8. The applicant’s WD AGO Form 53-55 does show the Good Conduct Medal, the EAME Campaign Medal and the Lapel Button (correctly known as the Honorable Service Lapel Button) as authorized awards. Therefore, this portion of the applicant’s request will not be discussed further in these proceedings.

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


10. Item 34 (Wounds Received in Action) on the applicant’s WD AGO Form
53-55 shows the entry, “None.”

11. There are no orders for the Army Commendation Medal in the available records.

12. The applicant served on active duty from 18 February 1943 through 23 July 1945 which qualifies for award of the World War II Victory Medal.

13. Army Regulation 600-8-22 (Military Awards) does not show the “Foreign Service Clasp” as an authorized award. Therefore, this portion of the applicant’s request will not be discussed further in these Proceedings.

14. The applicant’s WD AGO Form 53-55 shows he served 1 year, 1 month and
23 days of foreign service in the European Theater of Operations.

15. There is no evidence in the available records which shows the applicant served in Germany between 9 May 1945 and 5 May 1955 or that his unit received occupation credit for Germany.

16. The applicant’s WD AGO Form 53-55 shows the Marksman Marksmanship Qualification Badge with Rifle Bar as an authorized award. There is no evidence in the available records that the applicant was awarded or qualified for any other marksmanship badges.

17. 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.

18. Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

19. 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.

20. Army Regulation 670-1, in effect at the time, governs the requirements for the Oversea Service Bar. In pertinent part, it provides that one bar is authorized for wear for each period of 6 months active Federal service as a member of the U.S. Army outside the continental limits of the United States from 7 December 1941 until 2 September 1946, both dates inclusive.

21. 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 Germany, qualifying service must have been 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.

22. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges. The 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 the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

CONCLUSIONS:

1. The Board considered the applicant’s contention that he received serious head injuries during the Battle of the Bulge. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or injured as a result of hostile action during World War II. Therefore, the Board determined that there is insufficient evidence on which to base an award of the Purple Heart in this case.

2. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was awarded the Army Commendation Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of the Army Commendation Medal in this case.

3. The applicant is entitled to award of the World War II Victory Medal for his honorable service between 18 February 1943 through 23 July 1945. Therefore, his WD AGO Form 53-55 should be corrected to show this medal.

4. The applicant served 1 year, 1 month and 23 days of foreign service. Therefore, he is entitled to two awards of the Oversea Service Bar and correction of his WD AGO Form 53-55 to show these Oversea Service Bars.

5. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he served in Germany between 9 May 1945 and 5 May 1955 or that his unit received occupation credit for Germany. Therefore, the Board determined that there was insufficient evidence on which to base award of the Army of Occupation Medal with Germany Clasp in this case.
6. The applicant’s WD AGO Form 53-55 shows the Marksman Marksmanship Qualification Badge with Rifle Bar as an authorized award. The Board noted the applicant’s request for unspecified marksmanship badges. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was awarded or qualified for additional marksmanship badges. Therefore, there is no basis for granting the applicant’s request for additional unspecified marksmanship badges.

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 individual concerned was awarded the World War II Victory Medal and two awards of the Oversea Service Bar.

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

BOARD VOTE:

RVO___ SK_____ HBO____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor_
                  CHAIRPERSON

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INDEX

CASE ID	AR2002076267
SUFFIX
RECON
DATE BOARDED	20021219
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.