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ARMY | BCMR | CY2004 | 2004106701C070208
Original file (2004106701C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        JANUARY 19, 2005
      DOCKET NUMBER:  AR2004106701


      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. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Ms. Delia R. Trimble              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be awarded the Purple Heart
and that it be added to his discharge document.

2.  The applicant states, in effect, that it is missing from his discharge
and he would like this to be corrected.  He was wounded in Belgium on 14
January 1945 and this is shown on his discharge document.

3.  The applicant provides, a copy of his WD AGO Form 53-55, Enlisted
Record and Report of Separation – Honorable Discharge, in support of 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 personnel records and information obtained from
alternate sources.

2.  Records available to the Board show the applicant was inducted on 20
April 1944 and entered service at Harrisburg, Pennsylvania, on the same
date.  The applicant’s WD AGO Form 53-55 shows that he served as a Rifleman
(Military Occupational Specialty 745) during World War II before he was
honorably discharged in the rank of Private with a certificate of
disability for discharge, under the provisions of Army Regulation (AR) 615-
361.

3.  The applicant's WD AGO Form 53-55 shows, in Item 33 (Decorations and
Citations), that he was awarded the European-African-Middle Eastern
Campaign Medal, with two bronze service stars [bronze battle stars].  The
Purple Heart is not shown.

4.  Item 31 (Military Qualification and Date), of the applicant's WD AGO
Form 53-55, shows that the applicant was awarded the Combat Infantryman
Badge.

5.  Item 34 (Wounds Received in Action), of the applicant's WD AGO Form 53-
55, shows the entry, "Belgium 14 Jan 45."
6.  AR 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.

7.  AR 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.

8.  AR 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was wounded in action
in Belgium on 14 January 1945.  This was recorded in his WD AGO Form 53-55
when he was discharged.  The applicant is therefore entitled to award of
the Purple Heart and to have it added to his WD AGO Form 53-55.

2.  The applicant served honorably in the Army of the United States from 20
April 1944 through 9 October 1945.  He is therefore entitled to award of
the World War II Victory Medal and to have it added to his separation
document.

3.  Records show that the applicant was awarded the Combat Infantryman
Badge during World War II.  He is therefore eligible for award of the
Bronze Star Medal based on the special provisions of the awards regulation
that considers award of the Combat Infantryman Badge a citation in orders.
It would be appropriate to award the applicant the Bronze Star Medal and to
add it to his WD AGO Form 53-55.
BOARD VOTE:

bpi   ____  lcb  _____  drt____  _  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 Purple Heart for wounds he received in
action in Belgium on 14 January 1945 and adding this award to his WD AGO
Form 53-55; and

      b.  awarding the applicant the Bronze Star Medal based on his having
been awarded the Combat Infantryman Badge during World War II and adding
this award to his separation document; and

      c.  awarding the applicant the World War II Victory Medal and adding
this award to the applicant's WD AGO Form 53-55.





                                  ____Bernard P. Ingold__
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004106701                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050119                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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