RECORD OF PROCEEDINGS


         IN THE CASE OF

         BOARD DATE: November 25, 2003
         DOCKET NUMBER: AR2003089175

         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:

Mr. Raymond V. O’Connor		Chairperson
Ms. Lana E. McGlynn		Member
Ms. Yolanda Maldonado		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, reconsideration of his previous application to seek the award of three oak leaf clusters to be added to his Purple Heart, with one oak leaf cluster, and to correct his WD AGO Form 53-98, Military Record and Report of Separation, Certificate of Service, to show these oak leaf clusters.

2. The applicant states, in effect, that he was awarded the Purple Heart for three different wounds by different missiles during the period 11 through 14 May 1944 in action at Santa Maria Infante in Italy. He received one oak leaf cluster for two different wounds by different missiles on 29 September 1944 on Mount Capello, near Castel del Rio, Italy. He adds that he understands that a Purple Heart oak leaf cluster is awarded each additional time a service person is wounded.

3. The applicant provided, in support of his application for reconsideration, a copy of a letter, dated 10 February 2000, he received from his wartime unit's battalion surgeon; a copy of a letter, dated 15 October 2001, addressed back to the battalion surgeon asking that his signature on the letter be notarized; a copy of a program for a memorial service conducted for the battalion surgeon who passed away on 26 October 2001; a letter he alleges to have sent to a medical corps officer who treated him at the aid station for which he did not receive a reply; and a copy of a chronological summary of actions related to his request for award of the additional oak leaf clusters for his Purple Heart.

CONSIDERATION OF EVIDENCE:

1. Incorporated herein by reference are military records, which were summarized, in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR1998014367, on 1 July 1999, wherein he requested award of three additional oak leaf clusters to the Purple Heart with one oak leaf cluster now held by him.

2. The applicant’s military records were located. The records were not lost or destroyed in the National Personnel Records Center fire of 1973, as it was believed earlier. Information herein was obtained from these records.

3. Records available to the Board show the applicant was inducted into the Army of the United States on 7 March 1941. On 17 March 1942, he entered into officer training at the Infantry Officer Candidate School, Fort Benning, Georgia. He was honorably discharged on 12 June 1942, in the rank of Sergeant, to accept an appointment as a commissioned officer. On the date of this discharge, he had completed 1 year and 11 days service.

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4. On 13 June 1942 the applicant accepted an appointment as a second lieutenant in the Infantry in the Army of the United States. The applicant’s WD AGO Form 53-98 shows that he served on active duty for 3 years, 6 months, and 27 days of which 1 year and 7 days were spent in the European-African-Middle Eastern Theater of Operation (EAMETO). He was separated by reason of physical disability in the rank of Captain, on 9 January 1946.

5. Item 29 (Decorations and Citations) of the WD AGO Form 53-98, shows that the applicant was awarded the European-African-Middle Eastern Campaign Ribbon [now known as the European-African-Middle Eastern Campaign Medal], with two bronze service stars; the Distinguished Service Cross, the American Defense Service Ribbon [now known as the American Defense Service Medal]; the Purple Heart with one oak leaf cluster; and the Combat Infantryman Badge.

6. Item 43 (Remarks) of the WD AGO Form 53-98 shows he was also awarded the Military Medal for Valor in Bronze by the Italian Government, which was misidentified as the Italian Bronze Medal when the WD AGO Form 53-98 was prepared. The applicant was also issued the Lapel Button, which is properly known as the Honorable Service/Discharge Emblem [affectionately referred to by veterans of World War II (WW II) as, "The Ruptured Duck"].

7. On 25 January 1951, the applicant was awarded the Bronze Star Medal for exemplary conduct in ground combat against the armed enemy while assigned as a first lieutenant, 351st Infantry Regiment, on 16 June 1944, in the Mediterranean Theater of Operations. This award was made based on award of the Combat Infantryman Badge to the applicant. Authority to issue the Bronze Star Medal was given by the Office of the Adjutant General, in AGO Form 0657, Authorization for Issuance of Awards, on the same date. In addition to the Bronze Star Medal, authority was given for issuance of the Distinguished Unit Emblem [now known as the Presidential Unit Citation] and the World War II Victory Medal.

8. On 18 June 1953, authority to issue the applicant the American Defense Service Medal was given by the Office of the Adjutant General, in an AGO Form 0657.

9. On 1 September 1953, authority to issue the applicant the European-African-Middle Eastern Campaign Medal, with two bronze service stars, was given by the Office of the Adjutant General, in an AGO Form 0657. This award and the bronze service stars were already shown on the applicant's WD AGO
Form 53-98.

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10. On 15 October 1999, in the DD Form 215, Correction to DD Form 214 [modified to read: WD AGO 53-98], which was intended to enforce the recommendation made in Item 1, in the ABCMR Proceedings, AR1998014367, of adding the Bronze Star Medal and the World War II Victory Medal to his separation document, the Bronze Star Medal was incorrectly shown on the DD Form 215 as the Bronze Star Medal with first oak leaf cluster.

11. The applicant qualified expert with the M-1 rifle and sharpshooter with the carbine in September 1943. This information is recorded on the applicant's WD AGO Form 66-1, Officer's and Warrant Officer's Qualification Card; however, these qualifications in arms are not shown on his WD AGO Form 53-98.

12. Item 30 (Wounds Received in Action) of the applicant's WD AGO Form 53-98 shows he was wounded in action on 12 May and on 29 September 1944 in Italy.

13. Medical Form 52a [untitled - hospital admission form] and Medical Form 52b [untitled – supplemental hospital admission form] show that the applicant was wounded in action, light wound, left leg, penetrating wound to right arm, shell fragment wound at Minturno, at 1500 hours on 13 May 1944.

14. The applicant was awarded the Distinguished Service Cross for extraordinary heroism in action on 12 and 13 May 1944. The citation for award of the Distinguished Service Cross to the applicant is quoted in part, and reveals the following pertaining to wounds received in action in May 1944:

"While advancing in an attack, [the applicant's] company became pinned down by enemy fire. [The applicant] was wounded severely in both arms by machine gun fire; but in spite of his wounds, he rushed an enemy pill box and single-handedly knocked a machine gun out of action. During this engagement, he received several wounds on his face and head, but returned to his company and led his men forward to take the objective. Refusing to be evacuated for medical treatment, [the applicant] led his company in an attack against another enemy position. While making a personal reconnaissance, he was wounded in both legs by shell fragments. Again refusing aid, he ordered the officers with him to return to the company and start the attack."

15. A WD AGO Form 0365, Battle Casualty Report, was submitted to report that the applicant was LWA (lightly wounded in action) on 29 September 1944. A Medical Department Form 52a shows he was admitted to the 56th Evacuation Hospital from the 313th Medical Battalion, on 1 October 1944, after being

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wounded in action at 1200 hours, 29 September 1944, by machine pistol and grenade. He had a perforation wound to the neck and multiple penetrating and perforating wounds to the right foot and leg with multiple fractures.

16. In testimony given by the applicant, under oath, on 9 October 1945, in his proceedings before the retiring board, the applicant stated, "On September 29th, 1944, I was hit in the right foot by enemy rifle grenade. Also in the right hand by the same thing. Also received a bullet through the neck about an hour later."

17. The applicant's wartime unit's surgeon stated in his letter, "The gunshot wound through his neck could not have been caused by the shell fragment wound to his foot and wrist and thus should be considered another wound…" The person who signed the Medical Form 52a created on 1 October 1944 is the same as the person who submitted the letter of support for the applicant's action on 10 February 2000.

18. The applicant was awarded "la Medaglia di Bronze al Valore Militare" (the Military Medal for Valor in Bronze) by the Comandante e Militare di Roma and approved by the government of Italy on 5 June 1944. Authority for acceptance of this foreign award was given by the Fifth US Army and is shown on the applicant's WD AGO Form 530-98, albeit misidentified.

19. The applicant was also awarded the "Croce al Valor Militare" (the Cross for Military Valor) by the Ministero Della Guerra on 5 October 1945. The Adjutant General's Office, Washington, D.C. gave the applicant authority for acceptance of this foreign award on 21 February 1947. This foreign award is not shown on the applicant' separation document.

20. Army Regulation (AR) 600-8-22 sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

21. AR 600-45, then in effect, 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. Award of the Purple Heart is authorized for the first wound suffered under conditions indicated above, but for each subsequent award an Oak Leaf Cluster is awarded and is to be worn on the medal or ribbon. Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.

22. AR 600-8-22 provides, in pertinent part, for award of the American Campaign Medal. 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 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.

23. AR 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: expert, sharpshooter, and marksman.

24. Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows that the applicant's unit, 351st Infantry Regiment, 88th Infantry Division, was awarded the French Croix de Guerre, in Department of the Army General Orders 43, dated 1950.

25. AR 600-8-22 provides for award of the French Fourragere as an approved foreign unit award. The French Government may award the French Fourragere when a unit has been cited twice for award of the French Croix de Guerre. When a unit is cited twice for the Croix de Guerre, then the colors of the Fourragere are red and green. When a unit is cited four times, the colors of the Fourragere are yellow and green. Award of the Fourragere is not automatic and requires a decree by the French Government, and persons who were only in one action are not authorized to wear the Fourragere.

26. 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 (Unit Citation and Campaign Credit Register) are not authorized an individual device.

27. The "Medaglia di Bronze al Valore Militare" (the Military Medal for Valor) is awarded for exceptional valor, which did not warrant the award of the Military Order of Savoia. This award was instituted in March 1833 by King Albert of Sardinia in three classes: gold, silver and bronze and was meant for award to Army and Navy personnel.

28. The "Croce al Valor Militare" (the Cross for Military Valor) was established in Royal Decree 1423 of November 1932 and is awarded by the Minister of War of the Italian Government to individuals who distinguish themselves by valor and a splendid spirit of self sacrifice.

DISCUSSION AND CONCLUSIONS:

1. The applicant was wounded in action in May 1944. The evidence of record shows that he was wounded, in both arms, by machine gun fire, while advancing on the enemy. In spite of his wounds, he rushed an enemy pillbox knocking the machine gun out of action. During this engagement, he received several wounds to his face and head. He returned to his company and led his men forward in an attack against another enemy position. While reconnoitering the area, he was wounded in both legs by shell fragments.

2. The evidence of record shows that the wounds sustained by the applicant in May 1944 were not received at the same instant or from the same missile, force, explosion, or agent.

3. The applicant was also wounded in action in September 1944. The evidence of record shows that he was wounded in action at 1200 hours, 29 September 1944, by machine pistol and grenade. He had a perforation wound to the neck and multiple penetrating and perforating wounds to the right foot and leg with multiple fractures.

4. The applicant's unit's surgeon stated in his letter, "The gunshot wound through his neck could not have been caused by the shell fragment wound to his foot and wrist and thus should be considered another wound…" The person who signed the Medical Form 52a created on 1 October 1944 is the same person who submitted the letter of support for the applicant's appeal on 10 February 2000.

5. In sworn testimony, the applicant stated to a board of officers that he was hit in the right foot and in the right hand by enemy rifle grenade on 29 September 1944. The applicant also testified that he received a bullet through the neck about an hour later.

6. The evidence shows that the wounds sustained by the applicant in September 1944 were not received at the same instant or from the same missile, force, explosion, or agent.

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7. The applicant's contention that he is entitled to award of an additional three oak leaf clusters for his already-awarded Purple Heart, with one oak leaf cluster, has merit; therefore, he is entitled to the three additional oak leaf clusters and to have them shown on his separation document as the Purple Heart with four oak leaf clusters.

8. The applicant served on permanent assignment within the Continental United States for an aggregate period of over one year during the qualifying period. He is therefore entitled to award of the American Campaign Medal and to have it added to his WD AGO Form 53-98.

9. The applicant was awarded the "Medaglia di Bronze al Valore Militare" ((Italian) Military Medal for Valor in Bronze). This award is incorrectly identified on the applicant's WD AGO Form 53-98 as the Italian Bronze Medal. This award should be correctly identified on his WD AGO Form 53-98 as the (Italian) Military Medal for Valor, in Bronze.

10. The applicant was awarded the "Croce al Valor Militare" ((Italian) Cross for Military Valor). This foreign award is not shown on the applicant's separation document and it should be added at this time as the (Italian) Cross for Military Valor.

11. The unit to which the applicant was assigned was cited for award of the French Croix de Guerre at the time the applicant was a member of the unit. He is therefore, entitled to have this foreign award added to his WD AGO
Form 53-98.

12. The applicant qualified expert with the M-1 rifle and sharpshooter with the carbine in September 1943. There is no evidence that the applicant was awarded the marksmanship qualification badges to which he is entitled. It would be appropriate to award these badges and add them to his WD AGO Form 53-98 at this time.

13. The applicant was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge by the Office of the Adjutant General on 25 January 1951.

14. No recommendation, other than to add the Bronze Star Medal to the applicant's WD AGO 53-98, was made in proceedings AR1998014367. Orders published to award the applicant the Bronze Star Medal with First Oak Leaf Cluster were published in error.

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15. The Bronze Star Medal, First Oak Leaf Cluster, was awarded based on the same authority as that used by the Officer of the Adjutant General on 25 January 1951. SFMR-RBR Orders 6-16, published by the ABCMR on 6 January 2000 and the ensuing DD Form 215 prepared to add the Bronze Star Medal, First Oak Leaf Cluster, to the applicant's WD AGO Form 53-98 should be revoked/voided.

BOARD VOTE:

_LEM___ __YM___ ___RO___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR1998014367 dated 1 July 1999. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a. awarding the applicant three oak leaf clusters in addition to the one oak leaf cluster which is already shown with his Purple Heart and to show these awards as the Purple Heart with four oak leaf clusters on his separation document.

b. awarding the applicant the American Campaign Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-1 Rifle), and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar and adding these awards to his WD AGO Form 53-98.

c. awarding the applicant the French Croix de Guerre and adding the entry, “French Croix de Guerre – Unit Citation – No Emblem Authorized” to his WD AGO Form 53-98.

d. correcting, by voiding, the DD Form 215 which was prepared on 15 October 1999 to add the Bronze Star Medal with first oak leaf cluster and the World War II Victory Medal to the applicant's WD AGO Form 53-98.

e. adding the already-awarded Bronze Star Medal and the World War II Victory Medal to the applicant's separation document.

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f. correcting the entry on the applicant's WD AGO Form 53-98, Item 43, by deleting the Italian Bronze Medal and adding the (Italian) Military Medal for Valor in Bronze and by adding the already-awarded (Italian) Cross for Military Valor.

g. creating a single document showing all his authorized awards as follows: Distinguished Service Cross; the Bronze Star Medal; the Purple Heart, with four oak leaf clusters; American Defense Service Medal; American Campaign Medal; the European-African-Middle Eastern Campaign Medal, with two bronze service stars; the World War II Victory Medal; the (Italian) Military Medal for Valor in Bronze; the (Italian) Cross for Military Valor; the French Croix de Guerre – Unit Citation – No Emblem Authorized; the Combat Infantryman Badge; the Expert Marksmanship Qualification Badge, with Rifle Bar (M-1); the Sharpshooter Marksmanship Qualification Badge, with Carbine Bar; and the Honorable Service Lapel Button (WWII).





                  Raymond V. O’Connor
                  CHAIRPERSON

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INDEX

CASE ID	AR2003089175
SUFFIX
RECON
DATE BOARDED	2003/11/25
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.