RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: December 2, 2003
         DOCKET NUMBER: AR2003089346

         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. Fred N. Eichorn		Chairperson
Mr. Melvin H. Meyer		Member
Mr. Patrick H. McGann		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, that he be awarded the Purple Heart and that his total Army service be corrected.

2. The applicant states, in effect, that he received a wound in his right calf when he was shot by friendly fire. The applicant also contends that his total Army service is incorrect and that it should reflect, 3 years and 7 months.

3. The applicant provides a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation – Honorable Discharge, to support his request.

CONSIDERATION OF EVIDENCE:

1. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed records.

2. Records available to the Board show he was inducted into the Army of the United States on 27 April 1942. He entered active duty on the same date. The applicant’s WD AGO Form 53-55 shows that he served 9 months and 21 days continental service and 1 year, 9 months, and 2 days foreign service.

3. The applicant’s military records show that the applicant departed for the European Theater of Operations on 12 February 1944 and returned to the United States on 13 November 1945. He was honorably discharged in the rank of Staff Sergeant under the provisions of Army Regulation 615-365 for the convenience of the government, at demobilization, on 19 November 1945.

4. The applicant's WD AGO Form 53-55, 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). The applicant provided no orders awarding him the Purple Heart. The applicant authenticated the WD AGO Form 53-55 in his own hand on the date of his discharge from the Army.

5. Block 31 (Military Qualification) of the applicant's WD AGO Form 53-55 shows he was awarded the Marksman Marksmanship Qualification Badge, with Rifle Bar, in July 1943. Block 32 (Battles and Campaigns) shows that the applicant participated in the following five campaigns of World War II: Ardennes, Central Europe, Normandy, Northern France and Rhineland.

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6. Block 33 (Decorations and Citations), of this same form, shows that the applicant was awarded: the World War II Victory Medal and the European-African-Middle Eastern Service Medal [correctly known as the European-African-Middle Eastern Campaign Medal]. Block 55 (Remarks) shows he was issued the Lapel Button [properly known as the Honorable Service Lapel Button].

7. The applicant's WD AGO Form 53-55 shows entitlement to the European-African-Middle Eastern Campaign Medal; however, it does not show the silver service star to which the applicant is entitled for campaign participation.

8. Available health records were reviewed for any evidence that would substantiate the applicant's claim that he was shot in his right calf by friendly fire. The available records show that the applicant was placed in quarters to recuperate from the effects of acute enteritis on 4 December and released to duty on 5 December 1942. The applicant was again placed in quarters on 28 April and was returned to duty on 1 May 1943 after recuperating from influenza. No other entries pertinent to other medical treatment that the applicant may have received during his World War II service were found.

9. Army Regulation (AR) 600-8-22 provides, in pertinent part, that the Purple Heart will be awarded to individuals wounded or killed as a result of "friendly fire" in the "heat of battle" as long as the "friendly" projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

10. The regulation further provides for award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B, and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the European-African-Middle Eastern Campaign Medal. This same regulation also specifies that a silver service star will be awarded in lieu of five bronze service stars.

11. 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 within the continental United States for an aggregate period of one year.

DISCUSSION AND CONCLUSIONS:

1. There is no available documentary evidence to support the applicant's request for award of the Purple Heart for a wound received when he was shot by friendly fire. To be awarded the Purple Heart for an incident of "friendly fire," the

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evidence would have to show that the wound was sustained in the "heat of battle" and that the "friendly" projectile was released with the full intent of inflicting damage or destroying enemy troops or equipment. In addition, the applicant would have to provide evidence that the wound required medical treatment; and the medical treatment was made a matter of official record.

2. The applicant's WD AGO Form 53-55, prepared at the time of his discharge from the Army, and which the applicant authenticated in his own hand, fails to show that he was awarded the Purple Heart. This form also records no wound sustained as a result of hostile action or friendly fire. In the absence of required evidence there is no basis, at present, upon which to base award of the Purple Heart to the applicant.

3. The applicant participated in the Ardennes, Central Europe, Normandy, Northern France and Rhineland campaigns of World War II. He is therefore entitled to award of one silver service star, denoting his participation in five campaigns, to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal.

4. The applicant served honorably and faithfully throughout his period of induction. During this period, the applicant served in a position of trust and accountability as a supply sergeant. He entered active duty in the rank of private and was released from active duty in the rank of staff sergeant. There is no indication of any lost time or indiscipline or that he was otherwise disqualified from receiving the Good Conduct Medal; he is therefore entitled to award of the Good Conduct Medal for the period from 27 April 1942 through 26 April 1945.

5. The evidence of record shows that the applicant served on active duty from 27 April 1942 through 19 November 1945, a period of 3 years, 6 months, and 23 days. The amount of continental service that the applicant was credited with is in error and should be corrected from 9 months and 21 days to correctly reflect, 1 year, 9 months, and 22 days.

6. 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 53-55.

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

BOARD VOTE:

__PM___ __FE___ __MM___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a. awarding the applicant the Good Conduct Medal for the period 27 April 1942 through 26 April 1945;

b. awarding the applicant one silver service star to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal, denoting participation in five campaigns during World War II; and

c. awarding the applicant the American Campaign Medal.

2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the applicant's request for award of the Purple Heart.





                  Fred N. Eichorn
         CHAIRPERSON

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INDEX

CASE ID	AR2003089346
SUFFIX
RECON
DATE BOARDED
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.