PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 3 June 2003
         DOCKET NUMBER: AR2002082060


         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
Mr. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Ms. Joann H. Langston		Chairperson
Ms. Jennifer L. Prater		Member
Mr. Paul M. Smith		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, that he be awarded the Purple Heart (PH).

3. The applicant states, in effect, that he was never issued the PH he earned as a result of being wounded in action during World War II.

4. The applicant’s military records were not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed his records were lost in that fire. However, there were sufficient documents in the reconstructed record to allow the Board to conduct a fair and impartial review of the case.

5. The applicant’s separation document (WD AGO Form 53-55) shows that he was inducted into the Army of the United States and entered active duty on
11 February 1943, and that he continuously served until being honorably separated on 14 December 1945. It also shows that served in the European Theater of Operations (ETO), with Company M, 347^th Infantry Regiment, performing duties in military occupational specialty (MOS) 1607 (Heavy Mortar Crewman), from 22 October 1944 through 5 July 1945. It also confirms that during his service in the ETO, he participated in the Rhineland, Ardennes, and Central Europe campaigns.

6. The applicant’s WD AGO Form 53-55 also shows that during his active
duty tenure he earned the following awards: Combat Infantryman Badge (CIB); American Theater Campaign Ribbon; European-African-Middle Eastern Theater Campaign Ribbon; Army Good Conduct Medal; and World War II Victory Medal. The PH is not included in this list of authorized awards. Item 34 (Wounds Received in Action) contains the entry “None”, which indicates he was not wounded in action during his tenure on active duty.

7. During the review of this case, a member of the Board staff reviewed the historical records of the applicant’s unit that are maintained at the National Archives. This search produced a copy of a unit history report that lists the names of all members of the unit that earned the PH, the applicant’s name was included in this list. A portion of this report also confirms that the applicant was wounded in action during the Battle of SAAR between 11 December 1944 and
23 December 1944.

8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) 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 required medical treatment; and the medical treatment was made a matter of official record.

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9. Paragraph 3-13 of the awards regulation outlines the criteria for the award of the Bronze Star Medal (BSM). Paragraph 3-13d (2) states, in effect, that the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between
7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement was otherwise confirmed by documents executed prior to 1 July 1947. This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders.

10. . Paragraph 5-10 of the same regulation provides guidance on the Army of Occupation Medal, which is awarded for service for 30 consecutive days at a normal post of duty while assigned to a qualifying area. For the occupation of Germany, the award is authorized to members who served there 9 May 1945 and 5 May 1955 (Service between 9 May and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945).

11. Paragraph 5-12 of the awards regulation contains guidance on the European-African-Middle Eastern Campaign Medal, and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the ETO.

12. Department of the Army (DA) Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II. It confirms that during his tenure of assignment, the applicant’s unit (347^th Infantry Regiment) received credit for participation in the Rhineland, Ardennes, and Central Europe campaigns of World War II, and occupation of Germany credit for the period 2 May through 4 July 1945.

CONCLUSIONS:

1. The Board notes the applicant’s claim that he is entitled to the Purple Heart, and it finds this claim has merit. By regulation, to support the award of the PH, there must be evidence showing that a member was wounded or injured as a result of enemy action. The wound or injury for which the PH is being awarded must have required treatment by a medical officer, and the record of this treatment must have been made a matter of official record.

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2. Although the standard evidentiary documentation required for awarding the PH is not present in this case, the Board does find that the information contained in the unit historical files of the applicant’s unit maintained at the National Archives, which verify that he was wounded in action during the Battle of SAAR, between 11 December 1944 and 23 December 1944, is more that sufficient to support the applicant’s claim of entitlement to the PH.

3. During the review of this case, the Board discovered that the applicant is also entitled to awards that were not included in his separation document. Although the applicant did not request this action, the Board determined it would serve the interest of justice and equity to add these awards to his record at this time.

4. By regulation, the BSM is authorized for members who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy during World War II; for this purpose, the CIB is considered as a citation in orders. Given the applicant was awarded the CIB, the Board concludes that it would be appropriate to award him the BSM based on this regulatory criteria, and to add this award to his record at this time.

5. In addition, the evidence confirms that during his tenure of assignment, the applicant’s unit received campaign participation credit, occupation credit, and awards that entitle him to three bronze service stars with his European-African-Middle Eastern Campaign Medal, and to the Army of Occupation Medal with Germany Clasp. Therefore, the Board also finds that it would be appropriate to add these awards to his record at this time.

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

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RECOMMENDATION:

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

a. awarding the individual concerned the Purple Heart, for being wounded in action while serving in the ETO during World War II;

b. awarding him the Bronze Star Medal, for his exemplary conduct in ground combat against an armed enemy between 22 October 1944 and 5 July 1945;

c. showing he is entitled to three bronze service stars with his European-African-Middle Eastern Campaign Medal, based on his campaign participation during World War II;

d. showing he earned the Army of Occupation Medal with Germany Clasp, for his service in Germany with a qualifying unit during an authorized period; and

e. providing him a corrected separation document that includes these awards.

BOARD VOTE:

__JHL _JLP_ __PMS _ GRANT AS STATED IN RECOMMENDATION

________ ________ _____ GRANT FORMAL HEARING

________ ________ _____ DENY APPLICATION




                  Joann H. Langston
                  CHAIRPERSON

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INDEX

CASE ID	AR2002082060
SUFFIX
RECON
DATE BOARDED	2003/06/03
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1945/12/14
DISCHARGE AUTHORITY	AR 615-365
DISCHARGE REASON	Demobilization
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.