PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 August 2003
         DOCKET NUMBER: AR2003087714


         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Margaret V. Thompson		Member
Mr. John T. Meixell		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, that his separation document
(WD AGO Form 53-55) be corrected by adding the Purple Heart (PH) to
Item 33 (Decorations and Citations) and the entry “right and left big toe” to
Item 34 (Wounds Received in Action).

3. The applicant states, in effect, that he spent 32 days in an Army hospital for infections of his right and left big toes. He claims that he was offered the PH, but turned it down for fear of upsetting his family. In support of his application, he provides statements from his three sisters.

4. The applicant’s military records were not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed his records were lost in that fire. However, there were sufficient documents in the reconstructed record to allow the Board to conduct a fair and impartial review of the case.

5. The available evidence includes the applicant’s separation document
(WD AGO Form 53-55), which verifies that he was inducted into the Army and entered active duty on 31 May 1943. He continuously served on active duty until being honorably separated on 20 October 1945. Item 3 (Grade) of this document confirms that he held the rank of sergeant (SGT) on the date of his separation.

6. The applicant’s WD AGO Form 53-55 also shows that he served in the European Theater of Operations (ETO), with the 8^th Infantry Regiment, from
14 June 1944 through 2 July 1945. It also verifies that he participated in the Normandy, Northern France, Ardennes, Rhineland, and Central Europe campaigns of World War II; and that he earned the following awards: Combat Infantryman Badge (CIB); Bronze Star Medal (BSM); and European-African-Middle Eastern Theater Campaign Medal (EAME) with 5 bronze service stars.

7. Item 34 (Wounds Received in Action) of the applicant’s separation document contains the entry “None”, which indicates that he was not wounded or injured in action during his active duty tenure. The applicant authenticated this document with his signature in Item 56 (Signature of Person Being Separated).

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8. An entry in a partially legible portion of the applicant’s Service Record
(WD AGO Form 24) indicates that on 20 March 1945, the applicant incurred an infection to toes in both feet and became a non-battle casualty as a result. There are no other entries in unit sick reports or any other documents on file elsewhere in the reconstructed record that suggest the applicant was ever wounded or injured as a result of enemy action.

9. A Disposition Form (DA Form 897), dated 22 April 1949, issued by the Office of The Adjutant General (OTAG), confirms that a review of the applicant’s complete record conducted at the time confirmed his entitlement to the following awards: BSM with Valor (“V”) Device; BSM 1^st Oak Leaf Cluster; BSM 2^nd Oak Leaf Cluster; Army Good Conduct Medal (AGCM); American Campaign Medal; EAME with 1 silver service star; CIB; World War II Victory Medal; Belgian Fourragere; Army of Occupation Medal (Germany); Expert Marksmanship Qualification Badge with Carbine and Rifle Bars; and Marksman Qualification Badge with Machine Gun Bar. Information contained in this OTAG action indicates that the 2^nd Oak Leaf Cluster of the BSM was awarded to the applicant based on his having earned the CIB.

10. The supporting letters provided by the applicant’s three sisters all confirm that they were informed by the applicant that he was wounded while serving overseas during World War II. They also indicate that the applicant’s parents could not read or write in English and when letters arrived, the sisters translated them for the parents, leaving out the part of any injuries in order to prevent their parents from worrying. Two of the supporting letters indicate that the applicant’s injury was the result of a jeep accident.

11. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that the PH is awarded to any member of an Armed Forces who, while serving in any capacity with one of the Armed Services after 5 April 1917, has been wounded or killed as a result of hostile action by an enemy. A wound is defined as an injury to any part of the body from an outside force or agent sustained as a result of enemy action.

12. Paragraph 2-8b(5) of the awards regulation provides the following examples of injuries or wounds which clearly do not qualify for award of the PH: frostbite or trench foot injuries; heat stroke; food poisoning not caused by enemy agents; chemical, biological, or nuclear agents not released by the enemy; battle fatigue; disease not directly caused by enemy agents; accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.

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13. Paragraph 3-13 outlines the criteria for the award of the Bronze Star Medal (BSM). Paragraph 3-13d (2) states, in effect, that the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were 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 was otherwise confirmed by documents executed prior to 1 July 1947. This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders.

14. Paragraph 5-10 of the same regulation provides guidance on the Army of Occupation Medal, which is awarded for service for 30 consecutive days at a normal post of duty while assigned to a qualifying area. For the occupation of Germany, the award is authorized to members who served there 9 May 1945 and 5 May 1955 (Service between 9 May and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945).

15. Paragraph 5-11 contains the policy for awarding the World War II Victory Medal. It states, in pertinent part, that it is authorized for award for service between 7 December 1941 and 31 December 1946.

16. Paragraph 5-12 contains guidance on the European-African-Middle Eastern Campaign Medal, and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the ETO, and that 1 silver service star is used in lieu of 5 bronze service stars to denote participation in five campaigns.

17. Paragraph 9-2 of the awards regulation provides guidance on the Belgian Fourragere. It 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 Fourragere is not automatic but must be by specific decree of the Belgian Government.

CONCLUSIONS:

1. The Board notes the applicant’s contentions that he is entitled to the PH for a injury to both his big toes during World War II, and that this injury should be documented in his separation document. However, it finds insufficient evidence to support these claims.

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2. By regulation, in order to support award of the PH the wound or injury on which the award is based must have been the result of enemy action. The regulation also provides examples of injuries or wounds which clearly do not qualify for award of the PH. Included in this list are accidental wounds or injuries received that are not related to or caused by enemy action.

3. The evidence of record confirms that the applicant was treated for an infection to his toes that resulted from his involvement in an jeep accident. The service record entry related to this injury categorized the applicant as a non-battle casualty. The Board finds no medical or other official records that indicate the applicant’s injuries were the result of or related to enemy action.

4. The Board wishes to advise the applicant that it does not question the veracity of his claim or that he was injured while in the performance of his duty during World War II. Further, it wishes to congratulate him on his outstanding service to our country. However, based on the lack of supporting records and evidence to confirm his injury was the result of enemy action, it regrettably concludes that the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case. Thus, the Board finds insufficient evidence to support the applicant’s claim of entitlement to the PH, and it is regrettably compelled to deny the requested PH in the interest of all those who served during World War II and who faced similar circumstances.

5. The Board does find that the applicant is entitled to have his records corrected to include all the awards and decorations he earned as a result of his World War II service. Absent any records or evidence that contradict the 1949 OTAG determination of awards the applicant was entitled to based on the official review of his service record at the time, the Board accepts the OTAG findings. Thus, it concludes it would be appropriate to add these awards to the applicant’s record at this time.

6. In view of the foregoing, the applicant’s records should be corrected 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 amending Item 33 (Decorations and Citations) of the 20 October 1945 separation document of the individual concerned to read as follows: Bronze Star Medal 2nd Oak Leaf Cluster with “V” Device; Army Good Conduct Medal; American Campaign Medal; European-African-Middle Eastern Campaign Medal with 1 silver service star; Combat Infantryman Badge; World War II Victory Medal; Belgian Fourragere; Army of Occupation Medal (Germany); Expert Marksmanship Qualification Badge with Carbine and Rifle Bars; and Marksman Marksmanship Qualification Badge with Machine Gun Bar; and by providing him a corrected separation document that reflects these awards.

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

BOARD VOTE:

________ ________ _______ GRANT AS STATED IN RECOMMENDATION

________ ________ _______ GRANT FORMAL HEARING

___MVT__ ___FE__ ___JM _ DENY APPLICATION




                  Fred N. Eichorn
                  CHAIRPERSON

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INDEX

CASE ID	AR2003087714
SUFFIX
RECON
DATE BOARDED	2003/08/DD
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1945/10/20
DISCHARGE AUTHORITY	AR 615-365
DISCHARGE REASON	Demobilization
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 61	107.0015
2. 46	107.0000
3.
4.
5.
6.