PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 November 2003
         DOCKET NUMBER: AR2003089788


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Gail J. Wire		Member
Mr. Antonio Uribe		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. (The applicant died on 24 September 2003).

3. The applicant states, in effect, that he was reported missing in action on
20 December 1944, that he was wounded in action on or about 20 December 1944, that he was flown to a hospital in England for treatment, and was then assigned to a non-combat unit in Germany. In support of his application, he submits a letter of explanation, dated 5 March 2003; an undated request for Staff Daily Journals and Operational Reports; a WD AGO Form 100 (Separation Qualification Record); WD AGO Form 53-55 (Enlisted Record and Report of Separation); a Western Union Telegram, dated January 1945; a request for military records, dated 19 December 2002; and two letters, dated 17 March 2003 and 26 September 2003, from a New York State Senator.

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 the WD AGO Form 53-55, WD AGO Form 100 and WD Form 372A (Final Payment - Work Sheet).

5. The applicant's reconstructed records show the applicant was inducted on
4 March 1944. He served as a rifleman and squad leader assigned to Company G, 110th Infantry Regiment of the 28th Infantry Division in the European Theater of Operations from 25 August 1944 through 29 October 1945 and was honorably discharged on 14 November 1945.

6. The applicant's WD AGO Form 53-55 shows the European-African-Middle Eastern (EAME) Campaign Medal and the Good Conduct Medal as authorized awards.

7. Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows the entry, "NONE."

8. There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.

9. The historical files of Company G, 110th Infantry Regiment of the 28th Infantry Division located at the National Archives in College Park, Maryland, failed to identify the applicant as being entitled to award of the Purple Heart.

10. War Department Form 372A shows the applicant received combat infantry pay.

11. The applicant's WD AGO Form 53-55 shows that he participated in four battles and campaigns during World War II.
12. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, occupation credit during World War II. This document shows the
applicant's unit received occupation credit for Germany during the period 2 May to 5 July 1945.

13. Army Regulation 600-8-22 (Military Awards) 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.

14. War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen. The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy. The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy. War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size. Additionally, World War II holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay and holders of the Expert Infantryman Badge were entitled to expert infantry pay. Therefore, soldiers had economic as well as intangible reasons to ensure that their records were correct. Thus, pay records are frequently the best available source to verify entitlement to this award. The Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command), has advised in similar cases that, during World War II, the Combat Infantryman Badge was normally awarded only to enlisted individuals who served in the following positions:

a. Light machine gunner (604)
b. Heavy machine gunner (605)
c. Platoon sergeant (651)
d. Squad leader (653)
e. Rifleman (745)
f. Automatic rifleman (746)
g. Heavy weapons NCO (812)
h. Gun crewman (864)

15. Army Regulation 600-8-22 also 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. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

16. Army Regulation 600-8-22, in pertinent part, authorizes award of the EAME Campaign Medal for qualifying service in the European Theater of Operations for the period 7 December 1941 to 8 November 1945. Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55. The regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the EAME Campaign Medal.

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.

CONCLUSIONS:

1. The Board considered the applicant's contention that he was wounded in action on or about 20 December 1944. However, there is no evidence of record available to the Board which shows that he was injured or treated for wounds sustained as a result of hostile action during World War II. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

2. The applicant received combat infantry pay during World War II. Therefore, the Board determined that there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

3. Based on award of the Combat Infantryman Badge, the applicant is entitled to an award of the Bronze Star Medal. Therefore, his WD AGO Form 53-55 should be corrected to show award of the Bronze Star Medal (based on award of the Combat Infantryman Badge).

4. The applicant's WD AGO Form 53-55 shows the EAME Campaign Medal as an authorized award. However, his records show that he participated in four battles and campaigns during World War II. Therefore, his WD AGO Form 53-55 should be corrected to show the EAME Campaign Medal with four bronze service stars.

5. The applicant served a period of qualifying service for award of the World War II Victory Medal. Therefore, his WD AGO Form 53-55 should be corrected to show this medal.
6. The applicant's unit received occupation credit for Germany. Therefore, he is entitled to correction of his WD AGO Form 53-55 to show award of the Army of Occupation Medal with Germany Clasp.

7. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Combat Infantryman Badge, the Bronze Star Medal (based on award of the Combat Infantryman Badge), the EAME with four bronze service stars, the World War II Victory Medal, and the Army of Occupation Medal with Germany Clasp.

2. That so much of the application as pertains to award of the Purple Heart be denied.

BOARD VOTE:

FNE___ GJW_____ AU______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Fred N. Eichorn_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003089788
SUFFIX
RECON
DATE BOARDED	20031104
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.