PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 March 2003
         DOCKET NUMBER: AR2002077772


         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. Samuel A. Crumpler		Chairperson
Mr. Ted S. Kanamine		Member
Ms. Shirley Powell		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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart.

3. The applicant states, in effect, that after crossing the Roer River in Germany on 23 February 1945 his unit was shelled by artillery and he was hit in the right forearm. He contends that the unit medic treated his injury; however, when the medic wanted to submit a recommendation for the Purple Heart, he declined. In support of his application, he submits a copy of his WD AGO Form 53-55; an undated eyewitness statement from the medic who treated his injury at the time in question; the medic's citation for award of the Bronze Star Medal; the medic's WD AGO Form 53-55; an undated letter of explanation; and a citation for award of the Silver Star.

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
5 July 1943. He served as a squad leader in the European Theater of Operations from 7 September 1944 through 26 January 1945 and was honorably discharged on 7 December 1945.

5. The applicant's WD AGO Form 53-55 does not show the Purple Heart as an authorized award.

6. There is no evidence in the available records which shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II. Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows the entry, "None."

7. The applicant's WD AGO Form 53-55 shows that he was assigned to the 413th Infantry Regiment.

8. In support of his claim for award of the Purple Heart, the applicant provided an undated eyewitness statement from the medic who treated his combat injury on 23 February 1945. This soldier attests that he was a member of the 3rd Platoon, Company A, 413th Infantry Regiment of the 104th Infantry Division. He states that he was the medic that treated the applicant for shrapnel wounds received in Germany on 23 February 1945. He goes on to state that after crossing the Roer River his unit was shelled by the Germans and that the applicant was very lucky as the other men hit were killed. He further states that he started to write the applicant up for the Purple Heart; however, the applicant declined. The medic also provided substantive evidence relating to his assignment as a surgical technician attached to the Medical Detachment of the 413th Infantry Regiment in the European Theater of Operations during the time in question.


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

10. 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 three battles and campaigns during his assignment in the European Theater of Operations.

11. 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.

12. 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.

13. 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.

CONCLUSIONS:

1. The Board finds the eyewitness statement submitted by the medic who provided medical treatment to the applicant on 23 February 1945 in Germany sufficient as a basis for award of the Purple Heart. Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained on 23 February 1945 in the European Theater of Operations and correction of his military records to show this award.


2. The applicant received the Combat Infantryman Badge during World War II. Therefore, the applicant is entitled to award of the Bronze Star Medal (based on award of the Combat Infantryman Badge) and correction of his military records to show this medal.

3. 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 three battles and campaigns during his assignment in the European Theater of Operations which are not correctly shown by award of three bronze service stars for wear on his EAME Campaign Medal. Therefore, the applicant is entitled to the EAME Campaign Medal with three bronze service stars and correction of his WD AGO Form 53-55.

4. 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:

a. by adding the entries, "Purple Heart", "Bronze Star Medal (based on award of the Combat Infantryman Badge)" and "European-African-Middle Eastern Campaign Medal with three bronze service stars" in item 33 (Decorations and Citations) on the WD AGO Form 53-55 of the individual concerned;

         b. by deleting the entry, "None" in item 34 (Wounds Received in Action) on his WD AGO Form 53-55;

         c. by adding the entry, "23 February 1945, European Theater of Operations" in item 34 on his WD AGO Form 53-55; and

         d. by deleting the entry, "European African Middle Eastern Campaign Medal" in item 33 on his WD AGO Form 53-55.










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

BOARD VOTE:

SAC____ TSK____ SP______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Samuel A. Crumpler____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002077772
SUFFIX
RECON
DATE BOARDED	20030311
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0000
3.
4.
5.
6.