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ARMY | BCMR | CY2002 | 2002077821C070215
Original file (2002077821C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 19 DECEMBER 2002
         DOCKET NUMBER: AR2002077821


         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. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Mr. Stanley Kelley Member
Mr. Harry B. Oberg 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 award of two Purple Hearts and Combat Infantryman Badge. He states, in effect, that he served as a rifleman during World War II and was wounded. He notes that he was "handed the actual Purple Heart" but it was omitted from his separation document.

3. The applicant's military personnel records were apparently lost or destroyed during the 1973 fire at the National Personnel Records Center in St. Louis. Information contained herein was reconstructed from alternative sources.

4. The applicant entered active duty on 1 March 1942 and was assigned to the European Theater of Operations in September 1944. His separation document indicates that he served as a rifleman with the 109th Infantry. According to files maintained by the Office of The Surgeon General, commonly referred to as the SGO Files, the applicant was wounded as a result of hostile action on 8 October 1944. He was hospitalized for several days and in April 1945 was re-hospitalized as a result of complication from the original injury. He was ultimately returned to duty in June 1945. There is no indication on his separation document that he was ever awarded the Purple Heart.

5. The applicant remained in Europe until January 1946 when he returned to the United States. He was discharged as a result of demobilization on 1 February 1946.

6. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.

7. There are basically three requirements for award of the Combat Infantryman Badge. The soldier must be an infantryman, assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must have actively participated in such ground combat. There is no indication on the applicant's separation document that he was awarded the Combat Infantryman Badge.

8. Additionally, Army Regulation 600-8-22 also provides that 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 such achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of





the Combat Infantryman 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 the Combat Infantryman Badge for service during World War II. Awards of the Bronze Star Medal based on the Combat Infantryman Badge are commonly referred to as conversion awards.

9. A review of Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (109th Infantry) was awarded the French Croix de Guerre and an Army of Occupation Medal with "Germany" clasp.

CONCLUSIONS:

1. The evidence confirms the applicant was wounded as a result of hostile action on 8 October 1944. As such, he is entitled to the Purple Heart and his records should be corrected accordingly. There is, however, no indication he was wounded a second time and as such, no basis for an award of a second Purple Heart.

2. The evidence also confirms that the applicant served as an infantryman with and infantry unit during World War II. His award of the Purple Heart confirms that he actively participated in ground combat. The Board concludes the applicant met the basic qualification requirements for award of the Combat Infantryman Badge and his records should be corrected accordingly.

3. The Board notes that based on his entitlement to the Combat Infantryman Badge, the applicant is also entitled to an award of the Bronze Star Medal as conversion award.

4. The applicant is also entitled to a French Croix de Guerre and an Army of Occupation Medal with "Germany" clasp based on his service with the 109th Infantry during World War II.

5. 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 be corrected:

a. by awarding the individual concerned the Purple Heart for wounds sustained on 8 October 1944 and correcting his records accordingly;


b. by awarding him the Combat Infantryman Badge;

c. by awarding him the Bronze Star Medal as a conversion award based on the Combat Infantryman Badge; and

d. by showing that he is entitled to a French Croix de Guerre and an Army of Occupation Medal with "Germany" clasp.

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

BOARD VOTE:

__RVO__ ___SK___ __HBO__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Raymond V. O'Connor, Jr.
                  CHAIRPERSON




INDEX

CASE ID AR2002077821
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021219
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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