PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 June 2003
         DOCKET NUMBER: AR2002082785


         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. Fred N. Eichorn		Chairperson
Mr. Hubert O. Fry		Member
Ms. Marla J. Troup		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, as the widow of the former service member (FSM), that her late husband's WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show that he was wounded in action, that he was a prisoner of war and that he served in the Glider Division. She also requests the issuance of all awards and decorations to which the FSM is entitled.

3. The applicant states that her late husband was wounded during the invasion of Southern France, that he was a prisoner of war during the Battle of the Bulge and that he actively served in the Glider Division not the infantry. In support of her application, she submits a letter of explanation, dated 12 September 2002; a Prisoner of War Camp Post Card, dated 28 January 1945; a letter, dated
29 January 1945, from the War Department to the applicant; a Western Union Telegram, dated 28 January 1945; a Prisoner of War Camp Post Card, dated
16 February 1945; a post card, dated 28 April 1945, from the FSM to the applicant; a Western Union Telegram, dated 2 May 1945; a Western Union Telegram, dated 5 May 1945; a letter, dated 9 May 1945, from the Army Service Forces to the applicant; and a New York World Telegram, dated 22 May 1945.

4. The applicant's request for the issuance of awards and decorations was addressed by separate correspondence. Therefore, this issue will not be discussed further in these Proceedings.

5. 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, his Final Payment Roll and limited medical records.

6. The FSM's reconstructed records show he was inducted on 27 August 1941. He served in the American Theater from 17 January 1942 through
20 October 1942 and served as a rifleman in the European Theater of Operations from 10 May 1944 through 21 April 1945. The FSM was honorably discharged on 24 July 1945.

7. The FSM's WD AGO Form 53-55 does not show that he was wounded in action. His WD AGO Form 53-55 does not show that he was a prisoner of war. The FSM's WD AGO Form 53-55 does not show that he served in the Glider Division.

8. The Office of the Surgeon General Hospital List shows the FSM sustained a battle injury to his nose and elbow and was hospitalized on 15 August 1944 in the European Theater of Operations.

9. The FSM’s name is listed in the Adjutant General’s Roster of Prisoners of War which was compiled in 1950. This document shows that the FSM was a prisoner of war from 13 January 1945 to 2 April 1945 in Germany.
10. There is no evidence in the available records which shows the FSM served in a Glider Division.

11. There are no orders for the Combat Infantryman Badge in the available records; however, the FSM'S WD AGO Form 53-55 shows that he served in military occupational specialty (MOS) 745 (rifleman) during World War II. The FSM's Final Payment Roll also shows that he received combat infantry pay.

12. The FSM's WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal as an authorized award. His records show that he participated in five campaigns in the European Theater of Operations; however, his WD AGO Form 53-55 does not show entitlement to one silver service star for this campaign participation.

13. The Board notes that the FSM is eligible for the World War II Victory Medal which is not shown on his WD AGO Form 53-55.

14. 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.

15. Army Regulation 635-5 establishes the standardized policy for preparing and distributing discharge documents. In pertinent part, it directs that, in the case of prisoners of war, the unit of assignment, country and dates of capture and release will be entered in the “Remarks” section of the discharge document.

16. Army Regulation 600-8-22 provides, in pertinent part, for award of the Prisoner of War Medal. The regulation states that the Prisoner of War Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

17. War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen. The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy. The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy. War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size. Additionally, World War II holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay and holders of the Expert Infantryman Badge were entitled to expert infantry pay. Therefore, soldiers had economic as well as intangible reasons to ensure that their records were correct. Thus, pay records are frequently the best available source to verify entitlement to this award. The Awards Branch, Total Army Personnel Command, has advised in similar cases that, during World War II, the Combat Infantryman Badge was normally awarded only to enlisted individuals who served in the following positions:

a. Light machine gunner (604)
b. Heavy machine gunner (605)
c. Platoon sergeant (651)
d. Squad leader (653)
e. Rifleman (745)
f. Automatic rifleman (746)
g. Heavy weapons NCO (812)
h. Gun crewman (864)

18. 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.

19. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. This regulation also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

20. Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

CONCLUSIONS:

1. Medical evidence of record shows the FSM sustained a battle casualty on
15 August 1944 in the European Theater of Operations. Therefore, the FSM's WD AGO Form 53-55 should be corrected to show he was awarded the Purple Heart for wounds received in action on 15 August 1944 in the European Theater of Operations.

2. The FSM was a prisoner of war from 13 January 1945 to 2 April 1945. Therefore, the FSM is entitled to correction of item 55 (Remarks) to show his prisoner of war status.

3. The FSM is also entitled to award of the Prisoner of War Medal and correction of his WD AGO Form 53-55 to show this award.

4. The Board considered the applicant's contention that the FSM served in a Glider Division, not the infantry. However, there is no evidence of record available to the Board which shows the FSM served in a Glider Division during World War II. Therefore, there is no basis for granting the applicant's request to show that the FSM served in a Glider Division.

5. Evidence of record shows the FSM served in an infantry MOS, received combat infantry pay during World War II and was wounded in action. Based on the foregoing, the Board determined that there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case. Therefore, the FSM's WD AGO Form 53-55 should be corrected to show award of the Combat Infantryman Badge.

6. The FSM is also entitled to award of the Bronze Star Medal (based on award of the Combat Infantryman Badge). Therefore, his WD AGO Form 53-55 should be corrected to show this medal.

7. The FSM's WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal as an authorized award. However, his records show that he participated in five campaigns during World War II. Therefore, the FSM is entitled to award of the European-African-Middle Eastern Campaign Medal with one silver service star.

8. The FSM is entitled to award of the World War II Victory Medal for his honorable service from 27 August 1941 through 24 July 1945. Therefore, his WD AGO Form 53-55 should be corrected to show this medal.

9. In view of the foregoing findings and conclusions, it would be appropriate to correct the FSM'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, "European-African-Middle Easter 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", "Prisoner of War Medal", "Combat Infantryman Badge", "Bronze Star Medal (based on award of the Combat Infantryman Badge)", "European-African-Middle Eastern Campaign Medal with one silver service star" and "World War II Victory Medal" in item 33 (Decorations and Citations) on his WD AGO Form 53-55;

         c. by deleting the entry, "None" in item 34 (Wounds Receive in Action) on the WD AGO Form 53-55 of the individual concerned;

         d. by adding the entry, "15 August 1944, European Theater of Operations" in item 34 on his WD AGO Form 53-55; and

         e. by adding the entry, “Prisoner of War, Germany, 450113-450402."

2. That so much of the application as pertains to correction of the FSM's WD AGO Form 53-55 to show that he served in the Glider Division be denied.

BOARD VOTE:

FNE____ HOF_____ MJT____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Fred N. Eichorn____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002082785
SUFFIX
RECON
DATE BOARDED	20030617
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.