PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 March 2003
         DOCKET NUMBER: AR2002079505


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Walter T. Morrison		Chairperson
Ms. Linda Simmons		Member
Mr. Frank C. Jones		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 item 33 (Decorations and Citations) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart. He also requests correction of item 34 (Wounds Received in Action) to show he received shrapnel wounds to his right ear and to the right side of his face.

3. The applicant states, that award of the Purple Heart awarded to him on 15 February 1945 should be added to item 33 on his discharge document. He also states that the entry "None" should be deleted from item 34 and the entry "shrapnel wounds to right ear and face" should be added to item 34. The applicant did not submit any documents in support of his application.

4. The applicant’s military records were destroyed or lost in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that he was inducted in the Army on 8 February 1943. He completed training as a cannoneer and served in the European-African-Middle Eastern Theater of Operations from 2 November 1944 to 1 December 1945. The applicant was honorably discharged from active duty on 29 January 1946.

5. The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart as an authorized award in item 33.

6. The applicant’s WD AGO Form 53-55 does not show any entry in
item 34 (Wounds Received in Action). There is no evidence available to the Board that shows the applicant was awarded the Purple Heart. There also are no medical records available to the Board which show he was wounded or treated for wounds as a result of hostile action.

7. The Board noted that the applicant is entitled to the European-African-Middle Eastern Service Medal with three bronze service stars, the Bronze Star Medal (First Oak Leaf Cluster), the Army of Occupation Medal with Germany Clasp, and the Good Conduct Medal which are not shown on his discharge document.

8. The applicant’s WD AGO Form 53-55 shows he received credit for participation in the Ardennes, Rhineland and Central Europe campaigns in item 32 (Battles and Campaigns).

9. The applicant's WD AGO Form 53-55 shows entitlement to the Bronze Star Medal.

10. Item 31 (Military Qualification and Date) the applicant's discharge document shows award of the Combat Infantryman Badge.

11. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) dated 6 July 1961, will show whether or not a World War II unit was authorized occupation credit, thus entitlement to the Army of Occupation Medal. This document shows the applicant’s unit, 291st Infantry Regiment, received occupation credit for Germany for the period from 2 May to 5 July 1945.

12. There is no evidence that the applicant was disqualified from award of the Good Conduct Medal for his service during World War II. His records show no indication of indiscipline or lost time. His records do show that he was advanced in rank and that he received the Bronze Star Medal during his service in World War II.

13. Army Regulation 600-8-22 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 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation, or in item 32 (Battles and Campaigns) of the WD AGO Form 53-55. The regulation also states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.

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. This provision did not go into effect until 10 September 1947 when Change 12 to Army Regulation 600-45 (Decorations) was published.

16. Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946. After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

CONCLUSIONS:

1. The Board considered the applicant's contention that he was awarded the Purple Heart based on shrapnel wounds to his right ear and to the right side of his face. However, there is no evidence available to the Board which shows the applicant was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action. Therefore, there is insufficient evidence upon which to base award of the Purple Heart or to correct item 34 on his WD AGO Form 53-55 to show wounds received in action.

2. The applicant's WD AGO 53-55 shows the European-African-Middle Eastern Service Medal as an authorized award. However, evidence of record shows he received credit for participation in three campaigns while assigned in the European-African-Middle Eastern Theater of Operations. Therefore, in accordance with the governing regulation, the applicant is entitled to correction of his records to show three bronze service stars to be worn on his European-African-Middle Eastern Service Medal.

3. The applicant received award of the Bronze Star Medal prior to his separation from active duty on 29 January 1946. After his discharge from the Army, he became entitled to a second award of the Bronze Star Medal based on his award of the Combat Infantryman Badge during World War II. Therefore, the applicant is entitled to two awards of the Bronze Star Medal and correction of his records to show the Bronze Star Medal (First Oak Leaf Cluster).

4. While the applicant was assigned to the 291st Infantry Regiment, the unit received occupation credit for Germany. Therefore, he is entitled to award of the Army of Occupation Medal with Germany Clasp and correction of his records to show this award.

5. The Board noted that the applicant was not awarded the Good Conduct Medal for his service during World War II. The Board noted that the applicant's records show no indication of indiscipline or lost time, but that he was promoted and received award of the Bronze Star Medal and the Combat Infantryman Badge. As a result, the Board determined that the applicant was entitled to award of the Good Conduct Medal for his service from 15 February 1943 through 29 January 1946 based on completion of a period of service of more than one year but less than three years served entirely between 7 December 1941 to 2 March 1946. Therefore, he is entitled to correction of his records to show the first award of the Good Conduct Medal.

6. 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 deleting the European-African-Middle Eastern Service Medal from item 33 (Decorations and Campaigns) on the WD AGO Form 53-55 of the individual concerned; and

         b. by adding award of the European-African-Middle Eastern Service Medal with three bronze service stars, the Bronze Star Medal (First Oak Leaf Cluster), the Army of Occupation Medal with Germany Clasp, and the Good Conduct Medal to 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:

WTM____ LDS____ FCJ_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Walter T. Morrison____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002079505
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030306
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0015
2.
3.
4.
5.
6.