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Decision Text

ARMY | BCMR | CY2003 | 2003084514C070212
Original file (2003084514C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 September 2003
         DOCKET NUMBER: AR2003084514


         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. Richard P. Nelson Analyst


The following members, a quorum, were present:

Mr. Raymond J. Wagner Chairperson
Mr. Melvin H. Meyer Member
Ms. Margaret V. Thompson 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 award of the Purple Heart.

3. The applicant states that all documentation that he possessed, relating to award of the Purple Heart, was lost in a fire at his home.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and consist solely of copies of documents from the hospital admission cards of the Office of The Surgeon General, commonly referred to as the "SGO Files,” a National Personnel Records Center Form
R6-6954 (Certification of Military Service), and War Department Form 372A (Final Pay - Work Sheet).

5. The available records show that the applicant entered military service on 15 August 1944. He served as an infantryman in the European-African-Middle Eastern Theater of Operations. The applicant was admitted to a station hospital on 15 February 1945 for treatment of wounds received as a result of hostile action. His hospitalization period was 51 days. He returned to the United States and was honorably discharged on 5 June 1946 in the rank of technician fifth grade.

6. Army Regulation 600-8-22 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.

7. Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted personnel and warrant officers who have an infantry military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

8. 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.

9. Army Regulation 600-8-22 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.

10. 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.

11. 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. Evidence of record shows that the applicant was wounded as a result of hostile action. Therefore, he is entitled to award of the Purple Heart.

2. The applicant's records show that he served as an infantryman and was paid combat infantry pay. Therefore, he is entitled to award of the Combat Infantryman Badge.

3. As a result of being awarded the Combat Infantryman Badge, the applicant is entitled to award of the Bronze Star Medal.

4. The available evidence of record shows that the applicant served in the European-African-Middle Eastern Theater of Operations for an unspecified period of time. Therefore, the Board concluded that the applicant is eligible for award of the European-African-Middle Eastern Campaign Medal.

5. Evidence of record shows that the applicant served in the Army between 7 December 1941 and 31 December 1946. Therefore, he is entitled to award of the World War II Victory Medal.

6. In view of the foregoing, the following actions should be accomplished:
RECOMMENDATION:

Because there are no Department of the Army records related to this case to be corrected, it is recommended that an appropriate memorandum and any necessary orders be prepared, showing that:

a. the individual concerned was awarded the Purple Heart as a result of wounds sustained in combat, in the European-African-Middle Eastern Theater of Operations, on or about 15 February 1945;

         b. the individual concerned was awarded the Combat Infantryman Badge;

c. the individual concerned was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge;

d. the individual concerned was awarded the European-African-Middle Eastern Campaign Medal; and,

e. the individual concerned was awarded the World War II Victory Medal.


BOARD VOTE:

___mvt__ ____mhm ____rjw__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

__ ____ ___ ___ ___ DENY APPLICATION




                  __________Raymond J. Wagner____
                  CHAIRPERSON




INDEX

CASE ID AR2003084514
SUFFIX
RECON YYYYMMDD
DATE BOARDED YYYYMMDD
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.


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