RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 April 2007
	DOCKET NUMBER:  AR20060014958 


	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. Gerard W. Schwartz

Acting Director

Mrs. Victoria A. Donaldson

Analyst


The following members, a quorum, were present:


Mr. John N. Slone 

Chairperson

Mr. David K. Haasenritter

Member

Mr. John G. Heck

Member

	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 reconsideration of his previous request for award of the Purple Heart (First Oak Leaf Cluster), Combat Infantryman Badge, and the Bronze Star Medal.

2.  The applicant states, in effect, that he was wounded twice while directly involved in ground combat.  He continues that he was attached to the 2nd Armor and Infantry Division at the time he sustained the second wound.

3.  The applicant provides a copy of an undated newspaper article in support of this application.

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 AR20060001865 on 22 August 2006.

2.  The applicant provided a copy of an undated newspaper article which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  Records show the applicant was inducted on 20 March 1941.  He served in the European Theater of Operations during the period 16 December 1943 through 18 February 1945.  He was honorably discharged on 23 May 1945/

4.  The applicant's WD AGO 53-55 (Enlisted Record and Report of Separation) shows that he was assigned to Troop E, 24th Cavalry Reconnaissance Squadron (Mechanized) and that he served in the military occupational specialty 1736 (Tank Driver-Light).

5.  There are no orders in the available records which show the applicant was awarded the Purple Heart (First Oak Leaf Cluster).  There are no medical records available for review with this case.  

6.  The applicant's WD AGO 53-55 does not show the applicant was awarded the Purple Heart (First Oak Leaf Cluster), the Combat Infantryman Badge, or the Bronze Star Medal.


7.  There is no evidence in the available records which show that the applicant was recommended for award of the Bronze Star Medal by his chain of command. Records show the applicant was awarded the Silver Star for gallantry in action and disregard for personal safety displayed on 5 December 1944.

8.  The applicant provided a copy of an undated newspaper article which states that he was wounded twice and received the Purple Heart (First Oak Leaf Cluster).  This article shows that the applicant received a shrapnel wound in his left thigh in St. Lo, France on July 28 1944 and that he was wounded a second time by a bullet to his left shoulder on 3 December 1944 in Aachen, Germany.

9.  A review of records contained at the National Archives, College Park, Maryland found that the applicant sustained wounds as a result of enemy action 28 July 1944 in France and on 3 December 1944 in Germany.

10.  Army Regulation 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.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart.

11.  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 Military Awards Branch of the U.S. Army Human Resources Command, (USAHRC) 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)

12.  Army Regulation 600-8-22 (Military Awards) 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..  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart and the Bronze Star Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the Purple Heart (First Oak Leaf Cluster) was carefully considered and determined to have merit.  The newspaper article provided by the applicant clearly shows the same dates of wounds sustained as a result of hostile action as the reports located at the National Archives.  

2.  Although, there are no medical records available, it is presumed that the applicant sought and received appropriate medical treatment for the wounds sustained as a result of hostile action.  Therefore, it would be equitable in this case to award the applicant the Purple Heart (First Oak Leaf Cluster) and to amend his records to show that he sustained wounds on 28 July 1944 in France and on 3 December 1944 in Germany.

3.  The applicant's contention that he is entitled to award of the Combat Infantryman Badge and the Bronze Star medal was also carefully considered and unfortunately, was determined to be without merit.  

4.  The applicant's records do not show that he served in a qualifying military occupational specialty, as a result, there is insufficient evidence to grant award of the Combat Infantryman Badge in this case.  Additionally, as stated in the previous case, there is no basis to grant award of the Bronze Star Medal based on award of the Combat Infantryman Badge. 

5.   The applicant was awarded the Silver Star for gallantry in action and disregard for personal safety displayed on 5 December 1944.  There is no evidence in the available records and the applicant has not provided sufficient evidence showing that his chain of command recommended him for award of the Bronze Star Medal for heroism and for meritorious achievement or service in military operations against an armed enemy.  Therefore, there is no basis to grant the applicant's request for award of the Bronze Star Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_JNS___  _DKH___  _JGH____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20060001865, dated 22 August 2006.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the Purple Heart (First Oak Leaf Cluster) for wounds sustained on 3 December 1944 in Germany.










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 Combat Infantryman Badge and the Bronze Star Medal.




__John N. Slone__
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.