| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Luther L. Santiful | Chairperson | |
| Mr. Lester Echols | Member | |
| Mr. Frank C. Jones | Member |
2. The applicant requests, in effect, correction of item 1 (Last Name, First Name, Middle Initial) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show the correct spelling of his name; correction of item
9 (Permanent Address for Mailing Purposes) to show the entry, "2062 E [East]" instead of "2061 3"; correction of item 21 (Civilian Occupation and Number) to show the entry, "Photographer Free Lance" instead of "FILM LOADER 0 56 13"; correction of item 28 (County and State) to show the entry, "Kings County NY" instead of "KINSG CO NY"; correction of item 30 (Military Occupational Specialty and Number) to show the entry, "Machine Gun and 81mm Mortar" instead of "Photographer 152"; correction of item 33 (Decorations and Citations) to show three awards of the Purple Heart (correctly known as the Purple Heart with Second Oak Leaf Cluster); correction of item 34 (Wounds Received in Action) to show that he was wounded three times in action, once on 18 June 1944; correction of item 37 (Total Length of Service) to show that he received a third award of the Bronze Star Medal (correctly known as the Bronze Star Medal with Second Oak Leaf Cluster) ; and correction of item 41 (Service Schools Attended) to show that he attended the School of Photography in England.
3. The applicant states that some details were left off of his record. He contends, in effect, that he received three awards of the Bronze Star Medal and three awards of the Purple Heart. In support of his application, he submits a letter of explanation, dated 10 October 2002; a copy of his WD AGO Form 53-55; and a citation for the Bronze Star Medal for heroic achievement.
4. The applicant’s military records have been lost or destroyed. This case is being considered using reconstructed records. The applicant's reconstructed records consist primarily of the WD AGO Form 53-55, four general orders and limited medical records.
5. The applicant's reconstructed records show the applicant was inducted on
4 January 1943. He served as a photographer in the European Theater of Operations from 2 June 1943 through 29 December 1945 and was honorably discharged on 21 January 1946.
6. The Board notes that a DD Form 215 (Correction to DD Form 214) was prepared on 7 October 1993 and amended item 1 (Last Name, First Name, Middle Initial) on the applicant's WD AGO Form 53-55 to show the correct spelling of his last name, first name and middle initial. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.
7. Item 9 (Permanent Address for Mailing Purposes) on the applicant's WD AGO Form 53-55 shows, in pertinent part, the entry, "2061 3."
8. The available records do not contain the applicant's induction record. However, item 5 (Permanent mailing address) on the applicant's WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), dated 20 January 1946, shows the entry, in pertinent part, "2062 E."
9. Item 21 (Civilian Occupation and Number) on the applicant's WD AGO Form 53-55 shows the entry, "FILM LOADER 0 56 13."
10. There is no evidence in the available records which shows the applicant was employed as a free lance photographer prior to his military service.
11. Item 28 (County and State) on the applicant's WD AGO Form 53-55 shows the entry, "KINSG CO NY." It appears that the entry, "KINSG" is misspelled and should be spelled, "KINGS."
12. Item 30 (Military Occupational Specialty and Number) on the applicant's WD AGO Form 53-55 shows the entry, "Photographer 152."
13. The available records show the applicant was a member of the 175th Infantry Regiment of the 29th Infantry Division. His records also show that he was wounded as a result of enemy action on 18 June 1944. However, the available records also show that at the time of the applicant's separation on
21 January 1946, his military occupational specialty (MOS) was photographer.
14. Item 33 (Decorations and Citations) on the applicant's WD AGO Form 53-55 shows one award of the Purple Heart as an authorized award. Item 34 (Wounds Received in Action) show the entry, "NONE."
15. The available records contain 184th General Hospital General Orders Number 16, dated 29 June 1944, which show the applicant was awarded the Purple Heart for wounds received as a result of enemy action on 18 June 1944 in France.
16. There is no evidence in the available records which shows the applicant was wounded two more times as a result of hostile action during World War II.
17. The Board notes that the applicant's letter of explanation, dated 10 October 2002, indicates that he wants item 37 (Total Length of Service) on his WD AGO Form 53-55 corrected to show that he received the Bronze Star Medal; however, the applicant highlighted item 39 (Prior Service) on his WD AGO Form 53-55. There is no authority to show awards and decorations in items 37 or 39 on the WD AGO Form 53-55.
18. Item 41 (Service Schools Attended) on the applicant's WD AGO Form 53-55 shows the entry, "NONE."
19. There is no evidence in the available records which shows the applicant attended the School of Photography in England.
20. The applicant's WD AGO Form 53-55 shows one award of the Bronze Star Medal as an authorized award. The available records contain 29th Infantry Division General Orders Number 234, dated 2 July 1945, which show the applicant received the Bronze Star Medal for heroic achievement on 11 June 1944. The applicant also provided a citation for award of the Bronze Star Medal for heroic achievement on 11 June 1944.
21. The applicant's WD AGO Form 53-55 does not show the Combat Infantryman Badge as an authorized award in item 31 (Military Occupation and Date). However, the available records contain 29th Infantry Division General Orders Number 1, dated 1 January 1945, which show the applicant received the Combat Infantryman Badge. The Combat Infantryman Badge entitles the applicant to an award of the Bronze Star Medal.
22. There is no evidence in the available records which shows the applicant received any additional awards of the Bronze Star Medal.
23. The available records contain 29th Infantry Division General Orders Number 8, dated 1 July 1944, which show the applicant received the Expert Infantryman Badge. This award is not shown on item 31 (Military Qualification and Date) on his WD AGO Form 53-55.
24. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II. This document shows the unit to which the applicant was assigned, the 175th Infantry Regiment, received the Distinguished Unit Citation for actions during the period 17-18 June 1944 based on War Department General Order 24-45. This award is not shown on his WD AGO Form 53-55.
25. 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 175h Infantry Regiment of the
29th Infantry Division, received occupation credit for Germany for the period
2 May to 31 October 1945. The Army of Occupation Medal with Germany Clasp is not shown on his WD AGO Form 53-55.
26. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II. This document shows that units of the 29th Infantry Division were cited twice for the French Croix de Guerre for actions on 6 June 1944 and during the period 17-18 June 1944. The French Fourragere is not shown on his WD AGO Form 53-55.
27. The applicant's WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal as an authorized award. His WD AGO Form 53-55 also shows that he participated in three campaigns during his assignment in the European Theater of Operations.
28. Technical Manual 12-235 prescribed the policy and procedure for the preparation and distribution of separation documents during the period in question. This manual states, in pertinent part, that civilian occupation as shown in WD AGO Form 100 (Separation Qualification Record), or item 13, WD AGO Form 20 (Soldier's Qualification Card), will be entered it item 21 (Civilian Occupation and Number). It states that attainments of special proficiency and date as shown in Service Record or on WD AGO Form 20 will be entered in item 31 (Military Qualification and Date). It states that item 34 (Wounds Received in Action) will list the date wounded and theater. It states that the length of current period of active duty as represented by continental service and foreign service, less time lost under AW 107 will be entered in item 37 (Total Length of Service). It states that prior active Federal service will be entered in item 39 (Prior Service). It states that service schools at which soldier completed course satisfactorily will be entered in item 41 (Service Schools Attended).
29. 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.
30. 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 “V” device indicates
acts of heroism involving conflict with an armed enemy. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.
31. 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.
32. Army Regulation 600-8-22 provides for award of the French Fourragere as an approved foreign unit award. The French Fourragere may be awarded by the French Government when a unit has been cited twice for award of the French Croix de Guerre. When a unit is cited twice for the Croix de Guerre, then the colors of the fourragere are red and green. When a unit is cited four times, the colors of the fourragere are yellow and green. Award of the fourragere is not automatic and requires a decree by the French Government, and persons who were only in one action are not authorized to wear the fourragere. When a unit was cited only one time for award of the French Croix de Guerre there was no individual device, medal or ribbon authorized for wear by members of the unit.
33. 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.
CONCLUSIONS:
1. The applicant's address for mailing purposes was incorrectly entered in item
9 (Permanent Address for Mailing Purposes) on his WD AGO Form 53-55. Therefore, it would be appropriate to correct that applicant's address in item 9 on his WD AGO Form 53-55 to show the entry, "2062 E" instead of "2061 3."
2. The Board considered the applicant's contention that his civilian occupation before his enlistment was freelance photographer. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, to support this contention.
3. Evidence of record shows the applicant signed his WD AGO Form 53-55 on 21 January 1946 attesting to the fact that he was a film loader and that item 21 (Civilian Occupation and Number) was correct. Therefore, there is no basis for granting the applicant's request to change item 21 to show that he was a freelance photographer.
4. The Board concluded that the county was incorrectly entered in item
28 (County and State) on the applicant's WD AGO Form 53-55. Therefore, it would be appropriate to correct item 28 on his WD AGO Form 53-55 at this time to show the entry, "KINGS CO NY."
5. The Board considered the applicant's contention that his MOS should be corrected to show machine gun and 81mm mortar in item 30 (Military Occupational and Specialty Number) on his WD AGO Form 53-55.
6. Notwithstanding the evidence of record which shows the applicant served in an infantry position in an infantry company during World War II, the applicant's WD AGO Form 53-55 shows that at the time of his separation on 21 January 1946 his MOS was photographer. Therefore, there is no basis for granting the applicant's request to correct item 30 on his WD AGO Form 53-55 to show machine gun and 81mm mortar.
7. The evidence of record does not support the applicant's contention that he received three awards of the Purple Heart. Evidence of record shows the applicant received the Purple Heart for wounds received in action on 18 June 1944 in France. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he received two additional awards of the Purple Heart. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart with Second Oak Leaf Cluster in this case.
8. The applicant's WD AGO Form 53-55 shows one award of the Purple Heart as an authorized award. Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows the entry, "NONE." Therefore, it would be appropriate at this time to correct item 34 to show that the applicant received wounds in action on 18 June 1944 in the European Theater of Operations.
9. The Board considered the applicant's contention that he attended the School of Photography in England. However, there is no evidence of record, and the applicant has provided no evidence, to support this contention.
10. The applicant signed his WD AGO Form 53-55 on 21 January 1946 attesting that item 41 (Service Schools Attended) which shows the entry, "NONE" was correct. Therefore, there is no basis for granting the applicant's request to amend item 41 to show that he attended the School of Photograph in England.
11. The evidence of record does not support the applicant's contention that he received three awards of the Bronze Star Medal. Evidence of record shows the applicant received the Bronze Star Medal with "V" Device for heroic achievement on 11 June 1944. Evidence of record shows the applicant received the Combat Infantryman Badge during World War II and is entitled to a second award of the Bronze Star Medal (based on award of the Combat Infantryman Badge). There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he received a third award of the Bronze Star Medal. Therefore, the Board determined that there is insufficient evidence on which to base award of the Bronze Star Medal with Second Oak Leaf Cluster in this case.
12. The applicant's WD AGO Form 53-55 shows one award of the Bronze Star Medal as an authorized award. Therefore, it would be appropriate to correct item 33 (Decorations and Citations) on the applicant's WD AGO Form 53-55 to show award of the Bronze Star Medal with First Oak Leaf Cluster with "V" Device.
13. Based on the applicant's award of the Combat Infantryman Badge and the Expert Infantryman Badge, item 31 (Military Qualification and Date) on the applicant's WD AGO Form 53-55 should be amended to show these badges.
14. The applicant's unit was cited for the Distinguished Unit Citation while he was assigned to it; therefore, his WD AGO Form 53-55 should be corrected to show this unit citation.
15. While the applicant was assigned to the 175th Infantry Regiment, the unit received occupation credit for Germany. Therefore, the applicant is entitled to correction of item 33 (Decorations and Citations) on his WD AGO Form 53-55 to show award of the Army of Occupation Medal with Germany Clasp.
16. The applicant's unit was cited twice for the French Croix de Guerre for actions on 6 June 1944 and during the period 17-18 June 1944. Therefore, item 33 (Decorations and Citations) on the applicant's WD AGO Form 53-55 should be corrected to show award of the French Fourragere.
17. The applicant's WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal as an authorized award. His WD AGO Form 53-55 also shows that he participated in three campaigns during his assignment in the European Theater of Operations. Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show the European-African-Middle Eastern Campaign Medal with three bronze service stars.
18. 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 entry "2061 3" in item 9 (Permanent Address for Mailing Purposes) on the WD AGO Form 53-55 of the individual concerned;
b. by adding the entry, "2062 E" in item 9 on the WD AGO Form 53-55;
c. by deleting the entry, "KINSG CO NY" in item 28 (County and State) on his WD AGO Form 53-55;
d. by adding the entry, "KINGS CO NY" in item 28 on his WD AGO Form 53-33;
e. by deleting the entry, "NONE" in item 34 (Wounds Received in Action) on his WD AGO Form 53-55;
f. by adding the entry, "18 June 1944, European Theater of Operations" in item 34 on his WD AGO Form 53-55;
g. by deleting the entries, "BRONZE STAR MEDAL" and "EUROPEAN AFRICAN MIDDLE EASTERN SERVICE MEDAL" in item 33 (Decorations and Citations) on his WD AGO Form 53-55;
h. by adding the entries, "BRONZE STAR MEDAL WITH FIRST OAK LEAF CLUSTER WITH "V" DEVICE", "DISTINGUISHED UNIT CITATION", "ARMY OF OCCUPATION MEDAL WITH GERMANY CLASP", "FRENCH FOURRAGERE" and "EUROPEAN-AFRICAN-MIDDLE EASTERN CAMPAIGN MEDAL WITH THREE BRONZE SERVICE STARS" in item 33 on his WD AGO Form 53-55; and
i. by adding the entries, "COMBAT INFANTRYMAN BADGE 1 JAN 45" and "EXPERT INFANTRYMAN BADGE 1 JUL 44" in item 31 (Military Qualification and Date) on his WD AGO Form 53-55.
2. That so much of the application as pertains to correction of items 21 (Civilian Occupation and Number), 30 (Military Occupational Specialty and Number), and
41 (Service Schools Attended) on the applicant's WD AGO Form 53-55; three awards of the Purple Heart; and three awards of the Bronze Star Medal be denied.
BOARD VOTE:
LLS____ LE_____ FCJ_____ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
__Luther L. Santiful____
CHAIRPERSON
| CASE ID | AR2002080833 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030529 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.0000 |
| 2. | 107.0000 |
| 3. | 100.0700 |
| 4. | |
| 5. | |
| 6. |
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