PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 3 June 2003
         DOCKET NUMBER: AR2003085691


         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. Luis Almodova		Analyst

The following members, a quorum, were present:

Ms. Joann H. Langston		Chairperson
Ms. Jennifer L. Prater		Member
Mr. Paul M. 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.

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2. The applicant requests, in effect, award of the Purple Heart.

3. The applicant states, in effect, that he believes he is due the Purple Heart for an injury received from enemy fire in the line of duty. He states that German shrapnel injured him while he and others were delivering ammunition to his unit during the Battle of the Bulge. While he and others were delivering the ammunition, an enemy round came in and exploded at the back of a small house where several soldiers, including him, were taking shelter. He was near a small window in the basement when a piece of the exploded shell came through the window and hit him in the neck causing heavy bleeding. In the course of his military service and in the immediacy of action, there were no medics to report to so he was forced to bandage himself and continue on with his duties. There were, however, other servicemen who were there to witness this injury.

4. He states that he has attempted through several channels to receive the medal that he deserves but all he has received is red tape and empty promises.

5. In support of his application, the applicant submitted a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation - Honorable Discharge, with a date of separation of 4 December 1945, a self-authored letter adding detail to his application, three witness statements, a certificate awarding him the Bronze Star Medal dated 26 February 1987, a copy of a Certificate of Merit awarded him by the Commander of the 99th Infantry Division, and three other documents.

6. 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.

7. Records available to the Board show he was inducted on 21 November 1942 and entered active duty on 3 December 1942. The applicant’s WD AGO Form 53-55 shows that he served 3 years and 1 day active Federal service. The applicant served in the European Theater of Operations (ETO) as an Ammunition Noncommissioned Officer, military occupational specialty, 505, from 10 October 1944 through 12 July 1945. He was honorably discharged in the grade of Sergeant under the provisions of Army Regulation (AR) 615-365, for the convenience of the government at demobilization, on 4 December 1945.

8. The WD AGO Form 53-55, which the applicant provided, shows no award of the Purple Heart in Block 33 (Decorations and Citations). The separation document also shows the entry “None” in Block 34, Wounds Received in Action.

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9. The applicant submitted three witness statements, none of which was notarized. In the first statement dated 12 April 1999, made by a fellow soldier, they were delivering ammunition to A Battery, 371st Field Artillery Battalion, when an incoming German artillery shell exploded and seriously wounded one soldier and shell fragments from that explosion also struck the applicant in the neck. He adds that the unit's medic never filed for a Purple Heart and he can vouch for the fact that the applicant was wounded and should be considered for treatment by Veterans Administration hospitals.

10. The second eyewitness statement is dated 21 April 1999. In this statement, the eyewitness says he doesn't recall the exact date because it was so long ago but the applicant was slightly wounded one day while delivering ammunition to A Battery, 371st Field Artillery Battalion. On that day, the applicant was "struck by a shell fragment in the neck or shoulder. It was not a serious wound, but it happened."

11. The third eyewitness, dated 20 April 1999, states that, ". . . . an incoming round of German artillery came in and hit one of the men from the firing battery, it exploded and fragments of the shell struck you in the shoulder and neck area. I recall that it wasn't a bad wound, but you bled and put a bandage on it."

12. Block 33 of the applicant's WD AGO Form 53-55, shows that the applicant earned the following decorations: Good Conduct Medal, European-African-Middle Eastern Campaign Medal, the American Theater Service Medal [correctly known as the American Campaign Medal], the World War II Victory Medal, and the Meritorious Service Unit Insignia [now known as the Meritorious Unit Commendation].

13. The applicant was awarded the Bronze Star Medal by The Adjutant General on 26 February 1987 based on the special provisions of the Awards regulation, paragraph 3-13d(2), which states, "Award may be made . . . . to each member of the Armed Forces of the United States who after 6 December 1941, has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement has been otherwise confirmed by documents executed prior to 1 July 1947." The applicant was awarded a Certificate of Merit in recognition of conspicuously meritorious and outstanding performance of military duty as chief of section during the period 17 December 1944 to 20 January 1945 in Belgium and Germany by the Commander of the 99th Infantry Division.

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14. Army Regulation (AR) 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.

15. The Hospital Admission Card Data File created by the Office of The Surgeon General, Department of the Army, and made available to the National Personnel Records Center by the National Research Council, was reviewed for any information that would indicate support for the applicant's contentions that he is eligible for award of the Purple Heart. The file revealed no record of any hospitalization or treatment for wounds or injuries related to enemy hostile activity.

16. AR 600-8-22 provides, in pertinent part, that the Army of Occupation Medal (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.

17. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows that the applicant's unit, the 371st Field Artillery Battalion, 99th Infantry Division, was awarded credit for the occupation of Germany for the period 2 May through 14 August 1945.

18. AR 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. The applicant participated in the Ardennes, Rhineland, and Central Europe campaigns. He is therefore entitled to award of three bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal.

19. AR 600-8-22 provides for award of the Belgian Fourragere. The regulation states that it may be awarded by the Belgian Government when a unit has been cited twice in the Order of the Day of the Belgian Army. The award of the Belgian Fourragere is not automatic but must be made by special decree of the Belgian Government. Persons who were present in only one action are not authorized to wear the Fourragere. The applicant was present when the

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371st Field Artillery Battalion, 99th Infantry Division, was awarded the Belgian Fourragere for the periods 8 November through 16 December 1944 and 16 December 1944 through 20 February 1945 by Department of the Army General Orders Number 43, dated 1950.

CONCLUSIONS:

1. The Board considered the applicant’s contention that he was entitled to award of the Purple Heart.

2. The Board noted that the applicant’s WD AGO Form 53-55, prepared at the time of his separation from the Army, shows no award of the Purple Heart and the word "None" is shown in Block 34 where wounds received in action are shown. The Board also noted that the applicant signed a properly completed WD AGO Form 53-55, on 4 December 1945, attesting to the fact that he was not wounded in action and had not received the Purple Heart. This separation document was submitted by the applicant as evidence of his service. The applicant's signature on this document indicates that he reviewed the form and accepted the information as being correct to the best of his knowledge.

3. The Board noted the statements of support by fellow soldiers. However, these statements are not sufficient as a basis for award of the Purple Heart in view of official records that show that the applicant was not wounded. One witness alludes that the applicant was treated by the unit's medic but never filed for the Purple Heart while the applicant himself alleges to have treated his own wound. The other eyewitnesses were not in agreement as to where the applicant was wounded – the neck or shoulder or both. None of the witnesses, and the applicant, submitted the date of the action in which the applicant was allegedly wounded.

4. The Board also noted that the applicant admits to have treated the alleged wounds he received himself, and therefore there is no documentary evidence showing he was wounded as a result of hostile action or was treated for wounds resulting from hostile action.

5. Based on the foregoing, the Board has determined that the preponderance of evidence shows the applicant was not wounded as a result of hostile action during World War II. As a result, there is insufficient evidence in this case upon which to base award of the Purple Heart.

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6. The applicant was awarded the Bronze Star Medal on 26 February 1987 by The Adjutant General of the Army. This award was made after he was discharged from service and is not shown on his WD AGO Form 53-55. He is entitled to have it added to his separation document at this time.

7. The unit, to which the applicant was assigned, the 371st Field Artillery Battalion, 99th Infantry Division, received credit for the occupation of Germany. The applicant is entitled to award of the Army of Occupation Medal with Germany Clasp. He served with the unit during the time occupation credit was awarded, and he is therefore entitled to have this award added to his WD AGO Form 53-55.

8. The applicant was present and served with the 371st Field Artillery Battalion, 99th Infantry Division, for the periods it was awarded two awards of the Belgian Fourragere. These awards were made after he had been separated and therefore are not shown on his separation document. He is therefore entitled to have these awards added to his WD AGO Form 53-55 at this time.

9. The applicant was awarded the European-African-Middle Eastern Campaign Medal. This award is shown in Block 33 of his separation document. The applicant participated in three campaigns of World War II. He is therefore entitled to award of 3 bronze service stars to be affixed to his already awarded European-African-Middle Eastern Campaign Medal and to have them shown on his WD AGO Form 53-55.

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

RECOMMENDATION:

1. That all Department of the Army records related to this case be corrected by:

a. awarding the applicant the Army of Occupation Medal with Germany Clasp, three bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal, and two awards of the Belgian Fourragere, and

         b. adding the Bronze Star Medal, which was awarded the applicant by The Adjutant General on 26 February 1987, and the above awards to his separation document.

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

BOARD VOTE:

__jhl___ __jlp___ __pms___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Joann Langston
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003085691
SUFFIX
RECON
DATE BOARDED	20030603
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	107.0015
3.
4.
5.
6.