PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 October 2002
         DOCKET NUMBER: AR2002076696


         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. W. E. Schnupp		Analyst

The following members, a quorum, were present:

Mr. Raymond J. Wagner		Chairperson
Mr. Roger W. Able		Member
Mr. John T. Meixell		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 that his discharge be corrected to show he was awarded the Purple Heart.

3. The applicant states that his discharge shows he was wounded in France on 17 July 1944, but does not show he was awarded the Purple Heart.

4. In support of his request, he submits a copy of his discharge, WD AGO Form 53-55, Enlisted Record and Report of Separation, and a newspaper clipping from the 1944 era reporting that he had been wounded in action and had been a prisoner of war (POW).

5. The applicant’s military records were lost or destroyed in the 1973 fire at the National Personnel Records Center (NPRC). Information herein was derived from documents provided by the applicant and from alternate sources.

6. His WD AGO Form 53-55 shows that he was inducted on 19 November 1943 and was a rifleman, military occupational specialty (MOS) 745, with B Company, 26^th Infantry, in the European Theater of Operations from 27 June 1944 to 19 April 1945. He was honorably discharged with a Certificate of Disability for Discharge on 21 August 1945, in the rank of staff sergeant. His discharge shows no lost time during his active duty service.

7. The only award shown on his WD AGO Form 53-55 is the European-African-Middle Eastern Campaign Medal with 1 Bronze Service Star. The Purple Heart is not listed as an authorized award; however, block 34 (wounds received in action) of the form contains the entry “France 17 July 44.” There are no entries on the discharge to indicate that he was a POW.

8. Information obtained from hospital admission cards created by The Office of the Surgeon General for the year 1944, shows that the applicant was admitted to a medical treatment facility on 8 August 1944 as a battle casualty with penetrating wounds to the upper extremities. This information contradicts the date shown on his WD AGO Form 53-55, and the information in the newspaper clippings provided with his application, which says he was wounded on 9 August 1944.

9. Results of record searches provided by the NPRC show that the applicant’s name does not appear on the list of World War II POW’s, nor do morning reports for B Company, 26^th Infantry contain any remarks that the applicant was a POW.

10. Army Regulation 600-8-22, Military Awards, provides for the following awards:

a. The Purple Heart. 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 by a medical officer, and the medical treatment must have been made a matter of official record.

b. The Bronze Star Medal. Subsequent to the cessation of hostilities during World War II, the regulation governing the award of the Bronze Star Medal was changed, in part, to provide for the award of this decoration to those individuals who had been awarded the Combat Infantryman Badge for meritorious achievement in ground combat against the armed enemy between 7 December 1941 and 2 September 1945.

c. The Good Conduct Medal. Awarded on a selective basis to soldiers who distinguish themselves from among their fellow soldiers by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service.

d. The World War II Victory Medal. Awarded for service between 7 December 1941 and 31 December 1946.

e. The Combat Infantryman Badge. To be eligible for this award, an individual must be an infantryman with an infantry military occupational specialty and must perform primary duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat. Battle participation credit alone is not sufficient. During World War II, the Combat Infantryman Badge was awarded to enlisted men serving in military occupational specialty 604 (light machine gunner), 605 (heavy machine gunner), 651 (platoon sergeant), 653 (squad leader), 745 (rifleman), 746 (automatic rifleman), and 812 (heavy weapons noncommissioned officer).

11. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows that during the applicant’s assignment to the 26^th Infantry, from 16 June 1944 to 19 April 1945, the unit was credited with participating in the North Apennines; Northern France; Po Valley; Rome-Arno and Southern France campaigns, in addition to the campaign already shown on his discharge (Rhineland), for a total of 6 campaigns. Further, during his assignment to the unit, it was awarded the Distinguished Unit Citation and the Belgium Fourragere.

CONCLUSIONS:

1. The applicant’s WD AGO Form 53-55 shows that he was wounded in France on 17 July 1944. The validity of his combat related wounds is borne out by The Office of the Surgeon General hospital admission cards. However, these cards show an admission date 22 days later, which would indicate he was admitted at that time for another wound. While it is clear that he was a combat casualty, there is confusing information regarding the dates of his wounds as shown on his WD AGO Form 53-55, and the Surgeon General report. The newspaper article he submitted suggests he was wounded twice, once on 9 August (yet another different date from his discharge and the Surgeon General report) in France, but does not specify where or when the second wounding occurred. The records available to the Board also suggest he was wounded twice, albeit the precise dates are uncertain. Despite the confusion of dates it appears possible that he was wounded on two different occasions, as shown on his WD AGO Form 53-55 and the Surgeon General report of hospital admissions and is entitled to the Purple Heart with 1^st Oak Leaf Cluster. In the absence of evidence to explain either wounding, the Board will assume for purposes of correcting his records, that he was wounded on both 17 July and 8 August 1944, and award him a Purple Heart for each wound.

2. Although the applicant has not requested award of the Combat Infantryman Badge, from the evidence available it appears he is entitled to one. During his service in the European Theater of Operations, he was assigned as a rifleman MOS 745, (his discharge shows that he was also a squad leader) in an infantry company of an infantry division, obviously engaged in combat because he was wounded during such combat. The foregoing facts show that he met all of the criteria normally considered when awarding the Combat Infantryman Badge. Thus, it would be appropriate to award him that Combat Infantryman Badge. Furthermore, since he is entitled to the Combat Infantryman Badge, he is also entitled to the Bronze Star Medal based on the award of this medal to recipients of the Combat Infantryman Badge for World War II service.

3. Insofar as his POW status is concerned, there is no evidence in the record and he has provided none to show that he was a POW. Consequently, there is no basis for the Board to consider awarding him the POW Medal.

4. The applicant provided honorable service during his 1 year, 9 months and 2 days of active duty. During that relatively short period of service, he rose to the rank of staff sergeant, participated in combat, was wounded and committed no indiscretions that are evident in the meager record available or that resulted in lost time. Therefore, it would appear that he was a more than satisfactory soldier who was deserving of the Good Conduct Medal. Accordingly, it would be appropriate for the Board to award him the Good Conduct Medal for his service from 19 November 1943 to 21 August 1945.

5. Finally, based on the available information regarding the applicant’s unit of assignment and the period of his service in the European Theater of Operations, he is entitled to the following service/unit awards: the World War II Victory Medal, the Distinguished Unit Citation, the Belgium Fourragere, and five more bronze service stars representing participation in the North Apennines; Northern France; Po Valley; Rome-Arno and Southern France campaigns, to go with the Rhineland campaign already on his European-African-Middle Eastern Campaign Medal.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart with 1^st Oak Leaf Cluster, for wounds received on 17 July and 8 August 1944, the Combat Infantryman Badge, the Bronze Star Medal, the Good Conduct Medal for the period 19 November 1943 to 21 August 1945, the World War II Victory Medal, the Distinguished Unit Citation, the Belgium Fourragere, and five additional bronze service stars to be worn on his European-African-Middle Eastern Campaign Medal.

BOARD VOTE:

________ ________ ________ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________Raymond J. Wagner____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002076696
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021010
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
ISSUES 1. 107.00
2.
3.
4.
5.
6.