PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 23 January 2003
         DOCKET NUMBER: AR2002078719


         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:

Ms. Kathleen A. Newman		Chairperson
Ms. Gail J. Wire		Member
Mr. Patrick H. McGann		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 53-55 (Enlisted Record and Report of Separation) to show two awards of the Purple Heart. He also requests, in effect, that his DA Form 1577 (Authorization for Issuance of Awards), dated 20 March 2002, be corrected to show six bronze service stars affixed to the European-African-Middle Eastern Campaign Medal instead of one bronze service star.

3. The applicant states, in effect, that he received two battle wounds and that two awards of the Purple Heart were left off of his discharge document. He states that he sustained a shrapnel wound to his left eye in Italy and that he suffered a bullet wound to his left leg in France. He also contends that his original discharge document shows six bronze stars affixed to the European-African-Middle Eastern Campaign Medal and the DA Form 1577 (Authorization for Issuance of Awards), dated 20 March 2002, only shows one bronze service star. In support of his application, he submits an unidentified excerpt pertaining to the Bronze Star Medal; a copy of his WD AGO Form 53-55; a letter, dated
22 March 2002, from the National Personnel Records Center; a DA Form 1577, dated 20 March 2002; and a cover page of the “45th Division History” book.

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
10 February 1941. He served as a truck master in the European Theater of Operations from 22 June 1943 until approximately 17 July 1945. On 25 July 1945, the applicant was honorably discharged.

5. The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show any award of the Purple Heart.

6. There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.

7. Item 34 (Wounds Received in Action) on the applicant’s WD AGO Form
53-55 shows the entry, “None shown.”

8. The applicant’s WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal with six bronze service stars as an authorized award.

9. A DA Form 1577 (Authorization for Issuance of Awards), dated 20 March 2002, shows entitlement to the European-African-Middle Eastern Campaign Medal with one silver service star and one bronze service star.

10. The applicant’s WD AGO Form 53-55 shows that he received the Combat Infantryman Badge during World War II.
11. The Board notes that the applicant’s WD AGO Form 53-55 does not show the World War II Victory Medal as an authorized award.

12. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, occupation credit during World War II. This document shows the unit to which the applicant was assigned, the 180th Infantry Regiment, received occupation credit for Germany for the period from 2 May to 5 July 1945. This award is not shown on his discharge document.

13. 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.

14. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, 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 service medal. This regulation also states, that a silver service star is authorized in lieu of five bronze service stars.

15. 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.

16. Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

17. Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility. For Germany, qualifying service must have been between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.
CONCLUSIONS:

1. The Board noted the applicant’s contention that he received two battle wounds during World War II. However, there is no evidence of record, and the applicant has provided no evidence, to support this contention.

2. The applicant signed his discharge document on 25 July 1945 attesting to the fact that he was not wounded in action and was not entitled to any award of the Purple Heart.

3. Based on the foregoing, the Board determined that there is insufficient evidence upon which to base any award of the Purple Heart in this case.

4. The applicant’s WD AGO Form 53-55 shows entitlement to the European-African-Middle Eastern Campaign Medal with six bronze service stars.

5. The Board noted the applicant’s contention that a DA Form 1577 (Authorization for Issuance of Awards) only shows entitlement to one bronze service star affixed to the European-African-Middle Eastern Campaign Medal. However, the DA Form 1577 actually shows entitlement to one silver service star and one bronze service star affixed to the European-African-Middle Eastern Campaign Medal, for a total of six bronze service stars. The governing awards regulation states that a silver service star is authorized in lieu of five bronze service stars. Therefore, there is no basis for granting the applicant’s request to correct the DA Form 1577 to show six awards of the bronze service star.

6. 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 WD AGO Form 53-55 to show this award.

7. The applicant is entitled to award of the World War II Victory Medal for his service during the period 10 February 1941 through 25 July 1945. Therefore, his WD AGO Form 53-55 should be corrected to show this medal.

8. While the applicant was assigned to the 180th Infantry Regiment, the unit received occupation credit for Germany. Therefore, he is entitled to correction of his WD AGO Form 53-55 to show award of the Army of Occupation Medal with Germany Clasp.

9. 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 Bronze Star Medal (based on award of the Combat Infantryman Badge), the World War II Victory Medal and the 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:

KAN____ GJW____ PHM____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Kathleen A. Newman__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002078719
SUFFIX
RECON
DATE BOARDED	20030123
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	100.0000
3.
4.
5.
6.