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ARMY | BCMR | CY2002 | 2002077126C070215
Original file (2002077126C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        


         BOARD DATE: 6 March 2003
         DOCKET NUMBER: AR2002077126


         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. Antoinette Farley Analyst


The following members, a quorum, were present:

Mr. Walter T. Morrison Chairperson
Ms. Linda D. Simons Member
Mr. Frank C. Jones II 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, correction of his military records to show award of the Purple Heart for injuries received in combat.

3. The applicant states, in essence, that his military record does not show he received wounds to his left knee during his participation in the invasion of Italy
at Salerno. He adds, that the medic who treated his wounded knee was named J_ _ G_ _ _ from the 120th MED. He states that the medic was killed shortly afterwards and apparently never completed the paper work. He further states that he has been corresponding with, numerous Army boards and gathering information since 1987 for this Board’s final decision. In support of his case he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) dated 3 November 1945, a copy of his honorable discharge (HD) certificate dated 2 November 1948, a registered copy of his HD with the Wayne County Clerk of Detroit, Michigan dated 15 February 1946, a copy of his Company’s Morning Report with a partial date of 2 October, a copy of his WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Released from Active Duty or Retirement) dated
1 November 1945, a undated page from his personal diary outlining the treatment he received for Malaria and a two-page letter further outlining his overseas military service dated 23 June 2002.

4. The applicant's military records were not available. However, the information available to the Board is partially provided by the applicant or otherwise obtained from alternate sources. The applicant was inducted into the Army of the United States (AUS) on 25 January 1943. He served as an infantryman, in the European Theater of Operation (ETO) from 21 June 1943 to 18 October 1945 and returned to the United States for demobilization.

5. On 3 November 1945, the applicant was separated from active duty with an honorable discharge. He was credited with 2 years, 9 months and 15 days of active duty. His rank at the time of separation was Staff Sergeant.

6. On 3 November 1948, the applicant enlisted in the Enlisted Reserve
Corps and was ordered into active military service on 12 October 1950. On
25 December 1950, the applicant was separated with an HD by reason of a physical disqualification.

7. At the time of separation, the applicant’s WD AGO Form 53-55 (Report of Transfer or Discharge), (Item 32) Battles and Campaigns shows he was credited with participation in five campaigns in the ETO, Sicily, Naples-Foggier (Ground), Rome-Arno, Southern France and Rhineland. Item 33 Awards and Decorations shows he was awarded the Good Conduct Medal, the European-African-Middle Eastern (EAME) Campaign Medal with 5 Bronze Service Stars, 1 Bronze Arrowhead and also issued the World War II Lapel Button. However, there are no entries made in (Item 34) Wounds and there is no evidence available to indicate he was authorized award of the Purple Heart.

8. The applicant’s WD AGO Form 38 dated 1 November 1945, shows that he was treated for 6 attacks of Malaria. The form shows he was initially treated by the 59th Station Hospital, Palermo, Sicily, in August 1943 and in France for his last attack in October 1944.

9. The additional supporting medical documentation and diary entries submitted by the applicant shows that medical records acquired from the U. S. Army Surgeon General’s Office Hospitalization File Listing for the periods 1942-
1945 and 1950-1954, confirms his diagnosis and treatment for Malaria in 1944. Accordingly, the available medical information shows no entries for treatment of wounds or combat related injuries.

10. On 6 January 2003, a search of the unit’s historical files at the National Archives in College Park, Maryland, failed to show that he is authorized award of the Purple Heart.

11. Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations. In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States. The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.

12. Army Regulation 600-8-22, also authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the ETO for the period
7 December 1941 to 8 November 1945. The regulation also authorizes a bronze service star (BSS), based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle (EAME) Eastern Campaign Medal.

13. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, lists the unit awards received
by units serving in WWII. This document shows that the applicant’s unit, 179th Infantry Regiment, 45th Infantry Division was awarded credit for the following campaigns, Sicily (Ground), Naples-Foggier (Ground), Rome-Arno, Anzio, Southern France, Rhineland, Ardennes-Alsace and Central Europe. The regulation also states that a silver service star is authorized in lieu of five bronze service stars. Additionally, the regulation provides that the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.


CONCLUSIONS:

1. The Board reviewed the various supporting documents provided by the applicant and determined that there was insufficient convincing evidence to show that the applicant had been wounded in any action against an enemy. Award of the Purple Heart is not warranted at this time.

2. The applicant is, however, entitled to additional campaign credit for the following campaigns the Anzio from 22 January - 24 May 1944 and the Ardennes-Alsace from 16 December 1944 - 25 January 1945, the Central Europe 22 March 1945 - 11 May 1945. In addition, the applicant is entitled to the World War II Victory Medal awarded for service between 7 December 1941 and
31 December 1946. These campaigns and awards should be added to his WD AGO Form 53-55.

3. In view of the foregoing, findings and conclusions correcting the applicant’s record as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the applicant served in the following eight campaigns, Sicily (Ground), Naples-Foggier (Ground), Rome-Arno, Anzio, Southern France, Rhineland, Ardennes-Alsace and Central Europe.

2. Further, that he is authorized award of the Good Conduct Medal, the European-African-Middle Eastern (EAME) Campaign Medal with 1 silver service star, 3 bronze service stars, 1 Bronze Arrowhead, the World War II Victory Medal and the World War II Lapel Button.

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

BOARD VOTE:

___WTM_ ___LDS ___FCJ _ GRANT AS STATED IN RECOMMENDATION

________ _______ _________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  _ Walter T. Morrison____
                  CHAIRPERSON



INDEX

CASE ID AR2002077126
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030306
TYPE OF DISCHARGE (HD)
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY DASA
ISSUES 1.
2.
3.
4.
5.
6.


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