PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 February 2003
         DOCKET NUMBER: AR2002076505


         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. John N. Slone		Chairperson
Mr. Ronald E. Blakely		Member
Mr. Lawrence Foster		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 received a combat injury to his left toe in March 1945. In support of his application, he submits an eyewitness statement, dated 15 December 1980.

4. 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
1 March 1942. He served as a rifleman in the European Theater of Operations from 6 February 1945 through 31 December 1945 and was honorably discharged on 15 January 1946.

5. The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation), which was authenticated in his own hand, does not show the Purple Heart as an authorized award. Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows the entry, "NONE."

6. 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.

7. There are no medical records in the available records.

8. The historical files of Company F, 5th Infantry Regiment, 71st Infantry Division located at the National Archives in College Park, Maryland, failed to identify the applicant as being entitled to award of the Purple Heart.

9. In support of his claim for award of the Purple Heart, the applicant provided an eyewitness statement, dated 15 December 1980, from a fellow soldier at the time in question. This soldier attests that during an attack by the Germans an oil barrel fell and struck the applicant's left toe. He also claims that the applicant received medical treatment by the medics in the field.

10. The applicant's WD AGO Form 53-55 shows that he received the Combat Infantryman Badge.

11. The applicant's WD AGO Form 53-55 shows the European-African-Middle Eastern (EAME) Campaign Medal as an authorized award. His WD AGO Form 53-55 also shows that he participated in two battles and campaigns during his assignment in the European Theater of Operations.

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 applicant was assigned, the 71st Infantry Division, received occupation credit for Germany for the period from 2 May to 27 December 1945. The Army of Occupation Medal with Germany Clasp is not shown on his WD AGO Form 53-55.

13. The Board notes that the applicant is entitled to the World War II Victory Medal which is not shown on his WD AGO Form 53-55.

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.

16. 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. 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 listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55. The regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.

17. 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.


18. 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 contention that he received a combat injury to his left toe in March 1945.

2. There is no evidence in the available records which shows the applicant was wounded or treated for wounds as a result of hostile action during World War II.

3. The Board considered the eyewitness statement provided in support of the applicant's claim for award of the Purple Heart. However, this statement, made almost 35 years after the fact, is not sufficient by itself as a basis for award of the Purple Heart, in view of evidence of record which shows the applicant was not wounded.

4. The applicant signed his WD AGO Form 53-55 on 15 January 1946 attesting to the fact that he was not wounded in action and that he was not entitled to the Purple Heart.

5. Based on the foregoing, the Board determined that there is insufficient evidence upon which to base award of the Purple Heart in this case.

6. The applicant received the Combat Infantryman Badge during World War II. Therefore, he is entitled to correction of his WD AGO Form 53-55 to show award of the Bronze Star Medal (based on award of the Combat Infantryman Badge).

7. The applicant’s WD AGO Form 53-55 shows the EAME Campaign Medal as an authorized award. However, evidence of record shows the applicant participated in two battles and campaigns during his assignment in the European Theater of Operations which are not correctly shown by award of two bronze service stars for wear on his EAME Campaign Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the EAME Campaign Medal with two bronze service stars and correction of his WD AGO Form 53-55 to show these awards.

8. While the applicant was assigned to the 71st Infantry Division, the unit received occupation credit for Germany. Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show award of the Army of Occupation Medal with Germany Clasp.

9. The applicant is entitled to the World War II Victory Medal for his honorable service from 1 March 1942 through 15 January 1946. Therefore, his WD AGO Form 53-55 should be corrected to show this medal.

10. 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 Bronze Star Medal (based on award of the Combat Infantryman Badge), the European-African-Middle Eastern Campaign Medal with two bronze service stars, the Army of Occupation Medal with Germany Clasp and the World War II Victory Medal.

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

BOARD VOTE:

JNS____ REB____ LF______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __John N. Slone________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002076505
SUFFIX
RECON
DATE BOARDED	20030225
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.