PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 May 2003
         DOCKET NUMBER: AR2002080616


         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. Margaret K. Patterson		Chairperson
Mr. Ted S. Kanamine		Member
Mr. Lawrence Foster		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 and the Silver Star.

3. The applicant states that these awards are not listed on his discharge document. In support of his application, he submits a copy of a citation for award of the Silver Star which shows he was wounded in the hand by enemy gun fire on 21 March 1945.

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 the applicant was inducted on 18 May 1943. He served as a gunner in the European Theater of Operations from
1 October 1944 through 3 December 1945 and was honorably discharged on
20 December 1945.

5. The applicant's WD AGO Form 53-55 does not show the Purple Heart or the Silver Star as authorized awards.

6. There are no orders for the Purple Heart in the available records.

7. Item 34 (Wounds Received in Action) on the applicant's WD AGO Form 53-55 shows the entry, "Germany."

8. The Office of the Surgeon General Hospital List shows the applicant was hospitalized on 21 March 1945 for amputation of fingers sustained as a result of hostile action in the European Theater of Operations.

9. There are no orders for the Silver Star in the available records. However, the applicant provided a citation for award of the Silver Star which was authenticated by the Major General in command of the 84th Infantry Division. This citation states that the applicant received the Silver Star for gallantry in action on
21 March 1945 in Germany. This citation also shows that he was wounded in the hand by enemy gunfire.

10. The applicant's WD AGO Form 53-55 shows the Combat Infantryman Badge as an authorized award.

11. 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 333rd Infantry Regiment, received occupation credit for Germany for the period from 20 May - 31 October 1945. This award is not shown on his WD AGO Form 53-55.

12. 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.

13. Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14. 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.

15. 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 award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred 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. Medical evidence of record shows the applicant was wounded in action on
21 March 1945 in the European Theater of Operations. Therefore, the applicant
is entitled to award of the Purple Heart and correction of his WD AGO Form
53-55 to show that he was wounded in action on 21 March 1945 in the European Theater of Operations.

2. There are no orders available to the Board which authorize award of the Silver Star to the applicant. However, the applicant has provided a citation which was authenticated by the Major General in command of the 84th Infantry Division and shows the applicant was awarded the Silver Star for gallantry in action on
21 March 1945 in Germany. Upon review, the Board determined that this evidence is sufficient as a basis for award of the Silver Star. Therefore, his
WD AGO Form 53-55 should be amended to show award of the Silver Star.

3. The applicant received the Combat Infantryman Badge during World War II. Therefore, he is entitled to correction of his WD AGO Form 53-55 to show award of the Bronze Star Medal (based on award of the Combat Infantryman Badge).

4. The applicant's unit received occupation credit for Germany while he was assigned to it. 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.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

         a. by adding the entries, "Purple Heart", "Silver Star", "Bronze Star Medal (based on award of the Combat Infantryman Badge)" and "Army of Occupation Medal with Germany Clasp" in item 32 (Decorations and Citations on the WD AGO Form 53-55 of the individual concerned;

         b. by deleting the entry, "Germany" in item 34 (Wounds Received in Action) on his WD AGO Form 53-55; and

         c. by adding the entry, "21 March 1945, European Theater of Operations" in item 34 on his WD AGO Form 53-55.

BOARD VOTE:

MKP___ TSK____ LF______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Margaret K. Patterson
                  CHAIRPERSON

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INDEX

CASE ID	AR2002080616
SUFFIX
RECON
DATE BOARDED	20030513
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1.	107.0015.
2.	107.0007
3.	107.0000
4.
5.
6.