RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: FEBRUARY 3. 2004
         DOCKET NUMBER: AR2003090569


         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. Samuel A. Crumpler		Chairperson
Ms. Regan K. Smith		Member
Mr. Curtis L. Greenway		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 the Bronze Star Medal and the Purple Heart be added to his WD AGO Form 53-55, Enlisted Record and Report of Separation – Honorable Discharge, that he be awarded the Army of Occupation Medal with Germany Clasp and the American Campaign Medal, and that these awards be added to his separation document. The applicant further requests that Item 34 (Wounds) of his WD AGO Form 53-55 be corrected to reflect that he was wounded in action in France on 13 November 1944.

2. The applicant states, in effect, that these awards and the information about his being wounded in action are missing from his separation document and they need to be added to his record.

3. In support of his application, the applicant submitted a copy of his WD AGO
Form 53-55, with a date of separation of 27 March 1946; a copy of his Honorable Discharge Certificate from the Army of the United States; a copy of a VA Form 10-2827, Application for Out-Patient Treatment, dated 27 March 1946; and a copy of awards certificates awarding him the Bronze Star Medal and the Purple Heart.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an injustice, which occurred on 27 March 1946. The application submitted in this case is dated 17 April 2003.

2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed personnel records and information obtained from alternate sources.

4. Records available to the Board show he was inducted into the Army of the United States on 7 October 1943, and he entered active duty on 28 October 1943. The applicant’s WD AGO Form 53-55 shows that he served 6 months, and 8 days Continental Service and 1 year, 9 months, and 22 days Foreign Service as a General Clerk (Military Occupational Specialty 055) before he was discharged in the rank of Private First Class, for the convenience of the Government at demobilization, under the provisions of Army Regulation (AR) 615-365, on 27 March 1946.

5. The applicant’s WD AGO Form 53-55 shows that he departed the continental United States en route to the European Theater of Operations (ETO) on 30 May 1944 and arrived there on 5 June 1944. He departed the ETO on 12 March 1946 and arrived in the United States on 21 March 1946.

6. Block 31 (Military Qualification and Date) of the applicant's WD AGO
Form 53-55 shows that he was awarded the Combat Infantryman Badge. Block 32 (Battles and Campaigns) shows that the applicant participated in the Rhineland Campaign of World War II. Block 33 (Decorations and Citations) of this same form, shows that the applicant was awarded: the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal, the Purple Heart, and the World War II Victory Medal. Block 55 (Remarks) shows he was issued the Lapel Button [correctly known as the Honorable Service Lapel Button].

7. The applicant's WD AGO Form 53-55, shows the Purple Heart in block 33. The separation document shows the entry, "None" in Block 34 (Wounds Received in Action). The applicant provided a copy of an awards certificate, which awards him the Purple Heart for wounds received in action, in France, on 13 November 1944. The awards certificate is dated 6 April 1995. No orders awarding him the Purple Heart are available in his service personnel records and the applicant provided none.

8. The applicant was awarded the Bronze Star Medal based on his award of the Combat Infantryman Badge. The applicant provided a copy of the Bronze Star Medal award certificate; however, he provided no orders for the award.

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

10. The unit the applicant served with, the 315th Infantry Regiment, 79th Infantry Division, while he was in the ETO, was awarded occupation credit for Germany for the period 20 May through 14 August and 4 September to 12 October 1945.

11. The applicant's unit, the 315th Infantry Regiment, 79th Infantry Division, was cited for the French Croix de Guerre with Palm for the periods 19 June through 27 August 1944 and 21 through 24 November 1944. This resulted in award of the French Fourragere to the unit by Department of the Army General Orders 43, dated 1950.

12. AR 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. 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.

13. A health record research project, which involved transposing hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape, which the National Research Council made available to the National Personnel Records Center (NPRC) in 1988, commonly referred to as the "SGO Files," were searched for any evidence that the applicant was wounded in action during World War II. This search revealed that the applicant was wounded in action on 13 November 1944 when he sustained a wound, perforating (rifle bullet), in the thigh. The applicant was hospitalized and in recovery from this wound for a total of 95 days.

14. AR 600-8-22 provides, in pertinent part, for award of the American Campaign Medal. This campaign medal is awarded for qualifying service between 7 December 1941 and 2 March 1946. Qualifying service includes permanent assignment within the American Theater 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.

15. AR 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility. For Germany service must have been between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

DISCUSSION AND CONCLUSIONS:

1. The applicant was wounded in action against a hostile enemy, on 13 November 1944, in France, during World War II. He was awarded the Purple Heart. It is already shown in Item 33 of the applicant's WD AGO Form 53-55. No additional action is required insofar as the addition of the Purple Heart to the applicant's separation document is concerned.

2. Item 34 of the applicant's WD-AGO Form 53-55 incorrectly shows "None" for wounds received in action. It would be appropriate to correct the applicant's WD AGO From 53-55 and include a record of his being wounded in action during World War II.

3. Records show the applicant was awarded the Combat Infantryman Badge during World War II. He was awarded the Bronze Star Medal on 6 April 1995, based on the special provisions of the awards regulation, which considers award of the Combat Infantryman Badge a citation in orders. The applicant provided a copy of the awards certificate, which awards him the Bronze Star Medal. It would be appropriate to add the Bronze Star Medal to his WD AGO Form 53-55 at this time.

4. The applicant did not meet the criteria for award of the American Campaign Medal. He is therefore not entitled to award of the American Campaign Medal and to have it added to his WD AGO Form 53-55.

5. The applicant participated in one campaign of World War II. He is therefore eligible for award of one bronze service star to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal and to have it shown on his separation document.

6. The applicant served with the 315th Infantry Regiment, 79th Infantry Division, while he was in the ETO. This unit was awarded occupation credit for Germany at the time he was a member of the unit. He is therefore entitled to award of the Army of Occupation Medal with Germany Clasp and to have it added to his WD AGO Form 53-55.

7. The applicant was with the 315th Infantry Regiment, 79th Infantry Division, at the time it was awarded the French Fourragere. He is therefore entitled to have the French Fourragere added to his WD AGO Form 53-55.

BOARD VOTE:

sac_____ rks_____ clg_____ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

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

         a. adding the Bronze Star Medal and the Purple Heart to the applicant's WD AGO Form 53-55;

         b. awarding the applicant the Army of Occupation Medal, with Germany Clasp; one bronze service star, to be affixed to his European-African-Middle Eastern Campaign Medal; and the French Fourragere, and adding these awards to the applicant's WD AGO Form 53-55; and

         c. deleting the entry "None" from Item 34 of the applicant's WD AGO Form 53-55 and entering the following: "Rifle bullet wound to right thigh, 13 November 1944, ETO (France)."

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 award of the American Campaign Medal to the applicant.





                  ___Samuel A. Crumpler___
                  CHAIRPERSON

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INDEX

CASE ID	AR2003090569
SUFFIX
RECON
DATE BOARDED	20040203
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 60	107.0014
3. 61	107.0015
4.
5.
6.