Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002083110C070215
Original file (2002083110C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 August 2003
         DOCKET NUMBER: AR2002083110


         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. W. W. Osborn, Jr. Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Roger W. Able Member
Ms. Regan K. 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.


2. The applicant requests that he be awarded the Purple Heart for a wound sustained in April 1945.

3. The applicant states that he was knocked unconscious by a German bullet that penetrated his helmet but not the helmet liner. A medic treated him. He stayed with his unit and slowly recovered. He had a very sore knot on his forehead for a few days and still has "an irregular bullet shaped impression on his forehead." In support of his request he submits statements from comrades-in-arms.

4. The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed personnel records.

5. He was inducted on 3 April 1944, trained as an infantryman and arrived in the European Theater of Operations (ETO) on 3 March 1945. He served there with B Company, 387th Infantry Regiment until 19 June 1945. He transferred to the Pacific Theater of Operations (PTO) via the United States. He served in the PTO from 25 September 1945 until 20 April 1946 and was separated as a sergeant on 5 May 1946.

6. His WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows his authorized awards as the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with one bronze service star, the Asiatic Pacific Campaign Medal, the Army of Occupation Medal, the World War Victory Medal, the Combat Infantryman Badge and the Marksman Qualification Badge with Rifle Bar.

7. Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained in action against an enemy or 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 by a medical officer, and the medical treatment must have been made a matter of official record.

8. The regulation 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.

9. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows that the applicant's unit was awarded the Meritorious Unit Citation for the period 3 April 1944 to 14 May 1945 by 97th Infantry Division General Order Number 32, dated 28 May 1945. This publication also shows that the 387th Infantry Regiment was authorized occupation credit for Germany.

10. Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal. This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

11. An individual, who identifies himself as the applicant's company commander, confirms the applicant assertions and adds that there was a small amount of blood from the wound. He reports that he has related the story many times over the years, but had forgotten the soldier's name until he met the applicant at an October 2000 reunion. He recommends that the applicant be awarded the Purple Heart and that, if necessary, the regulatory criteria be waived. Another veteran, the first sergeant, relates the same story and says the applicant "should have been recommended for the Purple Heart…the matter was overlooked. I feel an embarrassment has happened." A third former soldier, the platoon sergeant, also supports the applicant's request.

CONCLUSIONS:

1. Although the circumstances preclude the availability of a record of treatment, the Board is satisfied that sufficient evidence exists to show that the applicant was wounded as the result of enemy action.

2. The applicant should be awarded the Purple Heart.

3. The applicant was awarded the Combat Infantryman Badge and is entitled to an award of the Bronze Star Medal.

4. The applicant's unit was awarded the Meritorious Unit Citation for a period that included the applicant's tour of duty in the ETO. He should be authorized this award.

5. The applicant served within the continental United States for an aggregate period of more than one year and is entitled to the American Campaign Medal.

6. The applicant's previous authorization of the Army of Occupation Medal was based on service in Germany. The Germany Clasp should be added to this award.

7. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct errors.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart for a wound sustained in April 1945 and by showing that, in addition to those listed on his WD AGO Form 53-55, his authorized awards include the Bronze Star Medal, the American Campaign Medal, the Meritorious Unit Citation and the Germany Clasp for wear on the Army of Occupation Medal.

BOARD VOTE:

__JNS___ __RWA__ _RKS___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __ _John N. Slone_________
                  CHAIRPERSON




INDEX

CASE ID AR2002082110
SUFFIX
RECON
DATE BOARDED 20030821
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2014 | 20140016914

    Original file (20140016914.txt) Auto-classification: Approved

    The applicant, the sister of a deceased former service member (FSM), requests correction of her late brother's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show award of the Purple Heart, American Campaign Medal, and Army of Occupation Medal with Germany Clasp. Therefore, he is authorized award of the Army of Occupation Medal with Germany Clasp and his WD AGO Form 53-55 should be corrected to show this award. As a result, the Board recommends that...

  • ARMY | BCMR | CY2002 | 2002066433C070402

    Original file (2002066433C070402.rtf) Auto-classification: Approved

    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. The applicant was awarded the Combat Infantryman Badge as is evidenced by his receipt of Combat Infantry Pay and that award should be shown on his discharge document. That all of the Department of the Army records related to this case be corrected by showing that, in addition to the awards currently listed on...

  • ARMY | BCMR | CY2009 | 20090014242

    Original file (20090014242.txt) Auto-classification: Approved

    The applicant, as the daughter of a deceased former service member (FSM), requests correction of her late father's WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart and the Prisoner of War (POW) Medal. The FSM's WD AGO Form 100 states, in pertinent part, that he was held as a POW by Germany from 1 January 1945 to 12 May 1945. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....

  • ARMY | DRB | CY2005 | 20050007154

    Original file (20050007154.doc) Auto-classification: Approved

    The applicant requests, in effect, to have his WD AGO Form 53-55, Enlisted Record and Report of Separation – Honorable Discharge, corrected. The applicant's WD AGO Form 100 shows the applicant served in an Infantry MOS for 2 years and 6 months. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entry "DEML" from Item 4, of the applicant's WD AGO Form 53-55, and entering "Infantry" in its place; b....

  • ARMY | BCMR | CY2008 | 20080011822

    Original file (20080011822.txt) Auto-classification: Approved

    Item 32 (Battles and Campaigns), of the FSM's WD AGO Form 53-55, shows only the entry, "Germany." The FSM's WD AGO Form 53-55 shows, in Item 33 (Decorations and Citations), he received: the European-African-Middle Eastern Campaign Medal with one bronze service star; the Good Conduct Medal; the Purple Heart; the American Campaign Medal; and the World War II Victory Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...

  • ARMY | BCMR | CY2001 | 2001064349C070421

    Original file (2001064349C070421.rtf) Auto-classification: Approved

    In support of his application, he submits a copy of his WD AGO 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) and an unidentified photograph of seven soldiers posing for the photographer as one of them has a pressure bandage applied to his forehead by a soldier wearing a helmet with a medic’s insignia on it. Qualifying service includes service within the continental United States for an aggregate period of one year. In view of the foregoing, the applicant’s records...

  • ARMY | BCMR | CY2002 | 2002077363C070215

    Original file (2002077363C070215.rtf) Auto-classification: Approved

    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. Army Pamphlet 672-1 (Unit Citation and Campaign Credit Register) shows that the Service Company, 104 th Infantry Division was awarded the Meritorious Unit Commendation for the period 1 December 1944 to 3 January 1945.11. b. was authorized the Bronze Star Medal with bronze oak leaf cluster, the American...

  • ARMY | BCMR | CY2014 | 20140019441

    Original file (20140019441.txt) Auto-classification: Approved

    The applicant, the daughter of a deceased former service member (FSM), requests correction of her father's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to add: * two missing campaigns (Sicily and Anzio) * two additional bronze service stars to his previously awarded European-African-Middle Eastern Campaign Medal with "5" bronze service stars * two additional awards of the Purple Heart * Army of Occupation Medal (Germany) * American Campaign Medal 2. ...

  • ARMY | BCMR | CY2001 | 2001064977C070421

    Original file (2001064977C070421.rtf) Auto-classification: Approved

    Therefore, based on the best evidence available, the Board determined that the applicant is entitled to award of the Purple Heart and amendment of his WD AGO Form 53-55, with a separation date of 12 November 1945 to show this award and the date of his wounding as 23 November 1944. Therefore, the applicant is entitled to award of the American Campaign Medal and correction of his records to show this service medal. c. by placing the entry, “ARTILLERY BLAST, 23NOV1944, GERMANY” in item 34 of...

  • ARMY | BCMR | CY2003 | 2003090569C070212

    Original file (2003090569C070212.rtf) Auto-classification: Approved

    Block 31 (Military Qualification and Date) of the applicant's WD AGO Form 53-55 shows that he was awarded the Combat Infantryman Badge. It would be appropriate to correct the applicant's WD AGO From 53-55 and include a record of his being wounded in action during World War II. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the Bronze Star Medal and the Purple Heart to the applicant's WD AGO Form 53-55;