PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 September 2003
         DOCKET NUMBER: AR2003083963


         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. Carolyn Wade		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Melvin H. Meyer		Member
Ms. Karen A. Heinz		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 award of the Purple Heart (PH).

3. The applicant states, in effect, that he was wounded in his left leg by mortar fragments in April 1945 while serving in France. He states that the records that supported his wounding were destroyed in a fire in Detroit; however, he is currently receiving disability benefits from the Veterans Administration (VA) for a wound to his left leg. He states that he also suffered frostbite to his feet in December 1944 at Bastogne. He states that he did not mention any of this information prior to discharge because he was focused on getting out and going home.

4. The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from the applicant's WD AGO Form 53-55 and unit historical records.

5. He was inducted into the Army of the United States on 7 August 1943 and entered active duty on 28 August 1943. Following completion of all required military training, the applicant was awarded military occupational specialty (MOS) 7607, Light Mortar Crewman.

6. On 25 July 1944, the applicant departed the United States (US) for the European Theater of Operations (ETO) and arrived on 5 August 1944. The applicant was assigned to Company F, 502nd Parachute Infantry, 101st Airborne Division. While in the ETO, he participated in three battles/campaigns (Ardennes, Rhineland, and Central Europe).

7. A WD AGO Form R-5013 (Admissions and Disposition Report) from the United States Army Hospital (Plant 4364), dated 19 April 1945, reflects that the applicant sustained a non-battle injury (NBI) - a penetrating shell fragment wound (SFW) to his left leg. There is no indication in the available records that the applicant was wounded in battle while engaging the enemy.

8. On 29 December 1945, the applicant departed the ETO and arrived in the US on 3 January 1946.

9. On 17 January 1946, the applicant was honorably discharged from the Army under the provisions of Army Regulation 615-365 by reason of convenience of the Government. He was credited with 2 years, 4 months, and 20 days of creditable military service. His WD AGO Form 53-55 credits him with the following awards and decorations: the Good Conduct Medal, the World War II Victory Medal, the European-African-Middle Eastern Ribbon (EAME) with the Bronze Arrowhead, and the Combat Infantryman Badge (CIB). He was also



credited with the following battles and campaigns: Ardennes, Rhineland, and Central Europe. Item 34 (Wounds Received in Battle) of his WD AGO Form
53-55 shows that he received no wounds in battle.

10. Army Regulation 615-365, then in effect, set forth the conditions under which enlisted personnel could be discharged or released from active duty for the convenience of the Government. This Army regulation was used in conjunction with Army Regulation 600-443 to provide a narrative reason for separation.

11. On 16 July 1999, the applicant was provided Department of the Army (DA) Form 1577 identifying the awards he is authorized. On this form, it was noted that, in addition to the decorations and citations already recorded on his WD AGO 53-55, he is entitled to the Bronze Star Medal (BSM) based on his receipt of the CIB, and 3 Bronze Service Stars.

12. On 22 October 1999, the applicant was provided another DA Form 1577 identifying awards he is authorized. On this form, it was noted that he was entitled to the American Campaign Medal (ACM) and the Army of Occupation Medal (AOM) with Germany Clasp.

13. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

14. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the AOM is awarded for service of 30 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 Germany, service must have been 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. The applicant served in the ETO between 5 August 1944 and 29 December 1945 and was awarded the European-African-Middle Eastern Campaign Medal.

15. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the ACM. 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

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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. The applicant served in the ETO between 5 August 1944 and 29 December 1945 and participated in 3 battles/campaigns.

16. Army Regulation 600-8-22 also provides, in pertinent part, that the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The BSM 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 CIB or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the BSM is to be awarded to individuals who were authorized either badge for service during World War II. The applicant was awarded the CIB by Special Orders Number 184.

CONCLUSIONS:

1. The applicant's entitlement to award of the PH cannot be verified. Medical evidence of record shows that the applicant did suffer a shrapnel wound to his left leg; that he received medical treatment; and that the treatment was made a matter of record. However, the evidence clearly states that the wound was a non-battle injury. Additionally, there is no entry in Item 34 of his WD AGO Form 53-55 stating he was wounded in combat. No evidence could be found to show the applicant's entitlement to the PH.

2. Based on Army Regulation 600-8-22, the Board accepts that the applicant is entitled to award of the BSM, 3 Bronze Service Stars for wear on the EAME, the ACM, and the AOM with Germany Clasp.

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

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to WD AGO Form 53-55) correcting Item 33 to show award of the BSM, 3 Bronze Service Stars for wear on the EAME, the ACM, and the AOM with Germany Clasp.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__fne___ __mhm___ __kah___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Fred N. Eichorn
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003083963
SUFFIX
RECON
DATE BOARDED	20030916
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.