PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 February 2003
         DOCKET NUMBER: AR2002078174


         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. Raymond V. O'Connor		Chairperson
Ms. Gail J. Wire		Member
Mr. Robert J. Osborn		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, in effect, correction of his WD AGO Form 53-98 (Military Record and Report of Separation) to show four awards of the Purple Heart (correctly known as the Purple Heart with Third Oak Leaf Cluster) and two awards of the Bronze Star Medal (Bronze Star Medal with First Oak Leaf Cluster).

3. The applicant states, in effect, that he was wounded four times (13 August 1944, 14 August 1944, 15 August 1944 and 28 February 1945) during World War II. He contends that he did not receive an award of the Purple Heart for wounds received in action on 14 August 1944. He also contends that he never received an oak leaf cluster to be affixed to his Bronze Star Medal based on award of the Combat Infantryman Badge. In support of his application, he submits a letter of explanation, dated 7 August 2002; orders for the Purple Heart with First Oak Leaf Cluster; a personal letter, dated 6 October 1944, from the applicant to his parents; a personal letter, dated 17 September 1944, from the applicant to his parents; a recommendation for award of the Silver Star, dated 23 March 1948; a citation for the Silver Star; a personal letter, dated 21 September 1944, from the applicant to a relative; orders for the Silver Star; orders for the Purple Heart; orders for the Purple Heart with Second Oak Leaf Cluster; a copy of his WD AGO Form 53-98; letter orders for the Bronze Star Medal (based on award of the Combat Infantryman Badge); and a letter, dated 9 October 2002.

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 entered active duty on 16 August 1943. He served as a unit commander in the European Theater of Operations from 15 July 1944 through 17 April 1945. His discharge document shows that he participated in three battles and campaigns during World War II. On 16 July 1948, the applicant was released from active duty in the rank of captain.

5. The applicant’s WD AGO Form 53-98, which was authenticated in his own hand, shows the Purple Heart with Second Oak Leaf Cluster as an authorized award. The discharge document also shows that the applicant was wounded in action on 13 and 15 August 1944 in France and wounded a third time on
28 February 1945 in Germany.

6. The applicant’s WD AGO Form 53-98 shows the “Bronze Star” and the “Combat Infantry Badge” as authorized awards.

7. 185th (US) General Hospital General Orders Number 18, dated 3 September 1994, show the applicant received the Purple Heart for wounds received as a result of enemy action on 15 August 1944 in France.

8. 185th (US) General Hospital General Orders Number 31, dated 17 September 1944, show the applicant received the Purple Heart with First Oak Leaf Cluster for wounds received as a result of enemy action on 13 August 1944 in France.

9. Ashford General Hospital General Orders Number 38, dated 21 June 1945, show the applicant received the Purple Heart with Second Oak Leaf Cluster for wounds received while in enemy action on 28 February 1945 in Germany.

10. The applicant’s recommendation for award of the Silver Star, dated
23 March 1948, states, in pertinent part: “This action took place in the vicinity of St. Malo, France, near Pleurtuit, on 13, 14, and 15 August 1944.” The citation further stated: “At approximately 1500 hours on 13 August 1944, when Company A with the Battalion was ready to attack the objective at the town of Dinard, [the applicant] with the commanding officer had just completed discussing the attack in detail. A tree burst from the 88 struck the command post, killing the commanding officer and three enlisted men and wounding [the applicant] in the left hip and leg.” The citation concluded with the following statement: “Still refusing to be evacuated because of his painful wounds, he led his company on to the outskirts of Dinard that day, and captured the company objective, the railway station in Dinard, the next. The wound was infected by this time, and the battalion commander ordered [the applicant] to be evacuated. En route to the hospital the ambulance hit a mine and [the applicant] was again wounded”, and “[the applicant] was again wounded in February 1945.”

11. There is no evidence in the available records which shows the applicant was wounded in action on 14 August 1944.

12. In support of his claim that he was wounded on 14 August 1944, the applicant provided several letters written to his family in 1944. In these letters, the applicant writes that a slug from a small rifle or pistol hit him in the right arm and that he had a cast on his right arm.

13. There is no evidence that the applicant was awarded the Bronze Star Medal for heroism, meritorious achievement or service during World War II.

14. The applicant’s discharge document shows that he received the Combat Infantryman Badge.

15. Letter Orders, dated 11 December 1947, show the applicant was awarded the Bronze Star Medal for exemplary conduct in ground combat against the armed enemy during the Northern France campaign in the European Theater of Operations.

16. The Board notes that the applicant’s discharge document does not show the European-African-Middle Eastern Campaign Medal or the American Campaign Medal as authorized awards.

17. 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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

18. 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.

19. Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

20. 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.

21. Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal. This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

CONCLUSIONS:

1. The Board considered the applicant’s contention that he was wounded four times during World War II. However, the evidence of record does not support that contention.

2. Evidence of record shows that the applicant was wounded in action on
13 August 1944, 15 August 1944 and on 28 February 1945.

3. The Board reviewed the letters provided by the applicant in support of a fourth award of the Purple Heart. However, in the absence of orders or other evidence of record showing the applicant was wounded or treated for wounds as a result of hostile action on 14 August 1944, the Board determined that these letters were not sufficient as a basis for a fourth award of the Purple Heart. Therefore, there is no basis for granting the applicant’s request.

4. The applicant’s discharge document shows the “Combat Infantry Badge” and the “Bronze Star” as authorized awards.

5. The Board considered the applicant’s contention that he is entitled to an oak leaf cluster to be affixed to his Bronze Star Medal based on award of the Combat Infantryman Badge. However, the evidence of record does not support this contention.

6. There is no evidence of record available to the Board which shows the applicant received the Bronze Star Medal for heroism, meritorious achievement or service during World War II.

7. Evidence of record does show that prior to the applicant’s release from active duty on 16 July 1948, he received the Bronze Star Medal for exemplary conduct in ground combat against the armed enemy during the Northern France campaign in the European Theater of Operations. In accordance with the governing regulation, this award is based on the applicant’s award of the Combat Infantryman Badge.

8. Based on the foregoing, the Board determined that the “Bronze Star” shown on the applicant’s discharge document is based on the applicant’s award of the Combat Infantryman Badge. Therefore, there is no basis for granting the applicant’s request.

9. The applicant’s records show that he served in the European Theater of Operations and participated in three battles and campaigns. Therefore, the applicant is entitled to award of the European-African-Middle Eastern Campaign Medal with three bronze service stars and correction of his military records to show this award.

10. The applicant is entitled to the American Campaign Medal; therefore, his records should be corrected to show his medal.

11. 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 by showing that the individual concerned was awarded the European-African-Middle Eastern Campaign Medal with three bronze service stars and the American Campaign Medal.

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

BOARD VOTE:

RVO___ GJW____ RJO_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O'Connor___
                  CHAIRPERSON

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INDEX

CASE ID	AR2002078174
SUFFIX
RECON
DATE BOARDED	20030213
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0014
3.	107.0000
4.
5.
6.