PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 October 2002
         DOCKET NUMBER: AR2002076532


         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. William Blakely		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr.		Chairperson
Ms. Barbara J. Ellis		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.

---

2. The applicant requests, in effect, that his military records be corrected to show he was awarded the Purple Heart (PH) and to reflect the time he was in a Prisoner of War (POW) status, for which he received the (POW) Medal.

3. The applicant states, in effect, that he was a POW from 1 June to 30 June 1944, and that he was wounded in action on 27 May 1944 and again on
18 August 1944. In support of his application, he submits a copy of his separation document (WD AGO Form 53-55), his Honorable Discharge Certificate, and two newspaper article extracts.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973. The information herein was gleaned from a copy of the applicant’s separation document and reconstructed records.

5. The applicant’s WD AGO Form 53-55 shows that he was inducted into the Army on 14 June 1943, entered active duty on 21 June 1943, and continuously served in that status until being honorably separated on 12 July 1945. It also shows that he was trained and served in the military occupational specialty
746 (Rifleman) and that he held the rank of private first class (PFC) on the date of his separation.

6. The applicant’s WD AGO Form 53-55 also confirms that he served overseas in the European Theater of Operations (ETO), from 12 February 1944 to
19 March 1945, and that he participated in Rome Arno; and Southern France campaigns of World War II.

7. The applicant’s separation document also shows that during his active duty tenure, he was awarded the European-African-Middle Eastern Campaign Medal and the Combat Infantryman Badge (CIB). The POW Medal and the PH are not included in the list of authorized awards contained in this separation document. In addition, Item 34 (Wounds Received In Action) contains the entry “NONE”, which indicates that he was not wounded in action during his active duty tenure. The applicant signed the WD AGO Form 53-55 in Item 56 (Signature of Person Being Separated), thereby verifying the information contained in the document.

8. The unit morning reports on file confirm that the applicant was captured on
4 June 1944, and that he was in a POW status until being returned to United States control on 27 June 1944. In addition, a hospitalization file listed for 1945, compiled by the Office of The Army Surgeon General (OTSG) shows that the applicant was admitted to the hospital on 23 February 1945 for a condition other than wounds as a result of enemy action. The available medical files contain no other information in regard to the applicant being treated for any wounds received in action during his active duty tenure during World War II.

9. On 3 October 1988, the applicant submitted a DD Form 2510 (POW Medal Application/Information), which indicated that the applicant was confined as a POW on 1 June 1944. On 23 February 1989, the Department of the Army, Army Reserve Personnel Center, St. Louis, Missouri, published a DD Form 1577 (Authorization for Issuance of Awards) that authorized the applicant to be issued the POW Medal.

10. The newspaper article extracts provided by the applicant pertain to the applicant’s capture and POW status and his escape and return to United States Army control in June 1944. The articles provided make no mention of the applicant being wounded in action.

11. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 2-8 contains guidance on awarding the PH. It states, in pertinent part, that the PH is authorized to members who are wounded in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained in action. The wound for which a PH is being awarded must have required treatment by a medical officer, and the records of medical treatment for the wound or injury for which the PH is being awarded must have been made a matter of official record.

12. Paragraph 3-13 contains guidance on awarding the Bronze Star Medal (BSM) is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The BSM 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. For this purpose, an award of the CIB is considered to be a citation in orders. This means, in effect, that the BSM is authorized to be awarded to any individual who earned the CIB for service during World War II.

13. Paragraph 5-11 contains guidance on awarding the World War II Victory Medal (WWII Victory Medal). It states, in pertinent part, that it is awarded to members who served on active duty between 7 December 1941 and
31 December 1946.

14. Paragraph 5-12 contains guidance on awarding the European-African-Middle Eastern (EAME) Campaign Medal. It states, in pertinent part, that one bronze service star is authorized with this award for each campaign a member participated in during World War II.

---

CONCLUSIONS:

1. The Board notes the applicant’s contention that he is entitled to the PH; however, it finds insufficient evidence to support this claim. By regulation, in order to support an award of a PH there must be evidence confirming that the member was wounded or injured as a result of enemy action. The wound or injury must have been treated by military medical personnel, and this treatment must have been made a matter of official record. In this case, there are no medical or other official records to confirm that the applicant was ever wounded or injured in action or treated for a combat related wound or injury during his active duty tenure.

2. The Board wishes to advise the applicant that it does not question the veracity of his claim of entitlement to the PH. Further, it wishes to congratulate him on his outstanding service to our country. However, based on the lack of supporting records and evidence to confirm his claim that he was wounded in action, the Board is regrettably compelled to deny his PH request. This action is taken in the interest of fairness and equity to all members who served during World War II and who face similar circumstances.

3. The evidence of record does establish that the applicant was a POW from
4 June through 27 June 1944, as confirmed by morning reports on file and by the DA Form 1577 issued by Department of the Army that authorized him to receive the POW Medal. Thus, the Board concludes that it would be appropriate at this time to correct his record to reflect this award, and to document the time he spent in a POW status.

4. The evidence of record also confirms that the applicant served on active duty during a period that entitled him to the World War II Victory Medal, and that his participation in two campaigns during his assignment tenure in the ETO entitles him to two bronze service stars with his European-African-Middle Eastern Campaign Medal. Therefore, the Board finds that it would also be appropriate to add these awards to his record at this time.

5. Although not requested by the applicant, during its review of the case the Board discovered that the applicant earned the CIB while serving in the ETO. By regulation, this entitles him to be awarded the BSM for exemplary service in ground combat during World War II. Therefore, it concludes that it would also be appropriate to award the applicant the BSM and to add this award to his record at this time.

6. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case, particularly the WD AGO Form 53-55 of the individual concerned, be corrected by awarding him the Bronze Star Medal and World War Two Victory Medal; by showing he is entitled to two bronze service stars for European-African-Middle Eastern Campaign Medal; by showing he was awarded the POW Medal; by adding the entry “Prisoner of War - 4 through 27 June 1944” in Item 55 (Remarks) of his WD AGO Form 53-55; and by providing him a corrected separation document that includes these changes.

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

BOARD VOTE:

__RVO__ __BJE__ __KAH__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Raymond V. O’Connor, Jr._
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002076532
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/10/24
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(Partial Relief)
REVIEW AUTHORITY
ISSUES 1.	107.0029
2.
3.
4.
5.
6.