PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 June 2003
         DOCKET NUMBER: AR2002082274


         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:

Mr. Raymond V. O'Connor		Chairperson
Mr. John P. Infante		Member
Ms. Eloise C. Prendergast		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.

---

2. The applicant, as the widow of a deceased former service member (FSM), requests that her late husband be awarded the Purple Heart.

3. The applicant states, in effect, that her late husband was injured in action during World War II. She also contends that the FSM's mother received notification by a Western Union Telegram. In support of her application, she submits two newspaper articles; a Western Union Telegram, dated
17 November; a photograph of a grave marker; Department of Veterans Affairs (DVA) letters, dated 30 December 1997 and 22 November 2000; a Disabled American Veterans Membership Card; and the FSM's Death Certificate.

4. The FSM’s military records have been lost or destroyed. This case is being considered using reconstructed records. The FSM's reconstructed records consist primarily of the WD AGO Form 53-55 (Enlisted Record and Report of Separation) and limited medical records.

5. The FSM's reconstructed records show the FSM was inducted on
21 November 1942. He served as a rifleman in the European Theater of Operations from 24 September 1944 through 12 February 1946 and was honorably discharged on 28 February 1946.

6. The FSM's WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows the entry, "None."

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

8. In support of her claim for award of the Purple Heart, the applicant provided two newspaper articles which state that the FSM was wounded in action on
2 November in Germany. She provided a Western Union Telegram, dated
17 November, which shows the FSM was slightly wounded on 2 November in Germany.

9. The applicant also provided a photograph of the FSM's grave marker which shows, in pertinent part, the entry, "PURPLE HEART" and DVA documentation which shows the FSM was enrolled in Priority Group 3 prior to his death.

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

11. The FSM's WD AGO Form 53-55 shows the European-African-Middle Eastern (EAME) Campaign Medal as an authorized award. His WD AGO Form 53-55 also shows that he participated in two campaigns during World War II.
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 407th Infantry Regiment of the 102d Infantry Division, received occupation credit for Germany for the period from 2 May to 31 October 1945. The Army of Occupation Medal with Germany Clasp is not shown on the FSM's WD AGO Form 53-55.

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. The Department of Veterans Affairs Enrollment Priority Groups Health Care Fact Sheet states, in pertinent part, that veterans awarded the Purple Heart are enrolled in Priority Group 3.

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, 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.

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 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. The Board finds the two newspaper articles and the Western Union Telegram
sufficient as a basis for award of the Purple Heart in this case. Therefore, the
FSM's military records should be corrected to show award of the Purple Heart for wounds sustained on 2 November 1944 in the European Theater of Operations.
2. The FSM 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).

3. The FSM's WD AGO Form 53-55 shows the EAME Campaign Medal as an authorized award. His WD AGO Form 53-55 also shows that he participated in two campaigns in the European Theater of Operations during World War II. Therefore, the FSM is entitled to correction of his WD AGO Form 53-55 to show the EAME Campaign Medal with two bronze service stars.

4. While the FSM was assigned to the 407th Infantry Regiment of the 102d Infantry Division, the unit received occupation credit for Germany. Therefore, the FSM 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 FSM'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 deleting the entry, "European-African-Middle Eastern Service Medal" in item 33 (Decorations and Citations) on the WD AGO Form 53-55 of the FSM;

b. by adding the entries, "Purple Heart", "Bronze Star Medal (based on award of the Combat Infantryman Badge)", "European-African-Middle Eastern Campaign Medal with two bronze service stars" and "Army of Occupation Medal with Germany Clasp" in item 33 on his WD AGO Form 53-55;

         c. by deleting the entry, "None" in item 34 (Wounds Received in Action) on his WD AGO Form 53-55; and

         d. by adding the entry, "2 November 1944, European Theater of Operations" in item 34 on his WD AGO Form 53-55.

BOARD VOTE:

RVO____ JPI_____ ECP_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O'Connor
                  CHAIRPERSON

---

INDEX

CASE ID	AR2002082274
SUFFIX
RECON
DATE BOARDED	20030612
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0000
3.
4.
5.
6.