PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 August 2003
         DOCKET NUMBER: AR2003087140


         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. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Ted S. Kanamine		Chairperson
Mr. William D. Powers		Member
Mr. Frank C. Jones		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 correction of his records to show an additional oak leaf cluster on his Purple Heart for wounds he received on 17 September 1944.

3. The applicant states that his records show the wounds he received on 11 June 1944 and 28 September 1944 but does not show wounds he received on 17 September 1944. He submitted a copy of his Wound Tag from the 3rd Battalion Aid Station and his WD AGO Form 53-55 (Enlisted Record and Report of Separation) in support of his application.

4. The applicant's military records have been lost or destroyed. This case is being considered using reconstructed records. The applicant's reconstructed records consist primarily of his WD AGO Form 53-55, his Final Payment-Worksheet, and a DA Form 1577 (Authorization of Issuance of Awards).

5. The applicant's reconstructed records show he was inducted into the Army on 1 December 1942 and entered active duty on 8 December 1942. He completed infantry training and served in the European-African-Middle Eastern Theater of Operations from 31 January 1944 to 16 June 1945. The applicant was honorably discharged from active duty on 27 October 1945.

6. The applicant's WD AGO Form 53-55 shows the "Purple Heart with Oak Leaf Cluster" as an authorized award.

7. Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows the entry: "ETO 11 Jun 1944 and 28 Sep 1944."

8. The U.S. Army Surgeon General's Office (SGO) Hospitalization File Listing shows that the applicant sustained battle injuries in June 1944 and September 1944.

9. The applicant provided a copy of a Wound Tag which shows he sustained a mortar shrapnel wound to his right cheek (penetrating) on 17 September 1944. This document shows that he was treated at the 3rd Battalion Aid Station.

10. The applicant's WD AGO Form 53-55 shows the Combat Infantryman Badge in item 31 (Military Qualification and Date).

11. The applicant's WD AGO Form 53-55 shows he was assigned to Company I, 501st Parachute Infantry during World War II.

12. The applicant's name is listed on the Prisoner of War (POW) Roster and shows that he was captured and held as a POW from 19 December 1944 to 21 May 1945.

13. Department of the Army Pamphlet 672-1 also shows the 501st Parachute Infantry Regiment was cited for award of the Netherlands Orange Lanyard for the period 17 September to 28 November 1944; the French Croix de Guerre for the period 6 to 8 June 1944; and the Belgian Fourragere for action on 6 June 1944 based on Department of the Army General Orders 43, dated 1950.

14. 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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

15. 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.

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

17. 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.

18. In a 28 March 1983 letter, the U.S. Army Military Personnel Center published the policy regarding awards of the French Croix de Guerre to U.S. Army veterans who had served in World War I and World War II. Essentially, this guidance states that there is no individual emblem presented to or worn by Army soldiers who were in a unit cited by the French Government for the Croix de Guerre. Thus, former members of any American units which appear in Department of the Army Pamphlet 672-1 are not authorized an individual device. This is also true of the Belgian Citation in the Order of the Day and the Netherlands Military Order of William. As a result, the only European foreign unit awards which a former Army service member may wear are the French Fourragere, the Belgian Fourragere, and the Netherlands Orange Lanyard.

CONCLUSIONS:

1. The applicant was awarded the Purple Heart (First Oak Leaf Custer) for wounds he sustained in action on 11 June 1944 and 28 September 1944.

2. The Board notes the Wound Tag submitted by the applicant which shows he was wounded on 17 September 1944. Upon review, the Board has determined that this evidence is sufficient as a basis for an additional award of the Purple Heart. Therefore, his records should be corrected to show a second oak leaf cluster for wear on his Purple Heart and to add the entry: "ETO 17 Sept 1944" to block 34 on his WD AGO Form 53-55.

3. The Board notes that the applicant is entitled to award of the Bronze Star Medal (based on award of the Combat Infantryman Badge), the World War II Victory Medal, the POW Medal, the Netherlands Orange Lanyard, the French Croix de Guerre, and the Belgian Fourragere.

4. The applicant served a period of qualifying service for award of the World War II Victory Medal; therefore, his records should be corrected to show this award.

5. The applicant was a POW from 19 December 1944 to 21 May 1945; therefore, he is entitled to award of the POW Medal and correction of his records to show this award.

6. While the applicant was assigned to the 501st Parachute Infantry Regiment in the European-African-Middle Eastern Theater of Operations, this unit received the Netherlands Orange Lanyard, the French Croix de Guerre, and the Belgian Fourragere. Therefore, his records should be corrected to show the following entries in the Remarks section on his discharge document:

         a. "NETHERLANDS MILITARY ORDER OF WILLIAM--UNIT CITATION--NO EMBLEM AUTHORIZED;"

         b. "FRENCH CROIX DE GUERRE--UNIT CITATION--NO EMBLEM AUTHORIZED;" and

         c. "BELGIAN FOURRAGERE IN THE ORDER OF THE DAY--UNIT CITATION--NO EMBLEM AUTHORIZED."

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



RECOMMENDATION:

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

a. by adding the Purple Heart (Second Oak Leaf Cluster), the Bronze Star Medal, the World War II Victory Medal, and the POW Medal to the applicant's discharge document; and

b. by amending the Remarks section on his discharge document to show the entries:

                  1. "NETHERLANDS MILITARY ORDER OF WILLIAM--UNIT CITATION--NO EMBLEM AUTHORIZED;"

                  2. "FRENCH CROIX DE GUERRE- -UNIT CITATION- -NO EMBLEM AUTHORIZED;" and

                  3. "BELGIAN FOURRAGERE IN THE ORDER OF THE DAY--UNIT CITATION--NO EMBLEM AUTHORIZED."


BOARD VOTE:

________ ________ ________ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003087140
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030812
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0015
2.
3.
4.
5.
6.