IN THE CASE OF:	

		BOARD DATE:	  28 January 2010

		DOCKET NUMBER:  AR20090013059 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the record of her deceased father, a former service member (FSM), be corrected to include the Purple Heart (PH) 
2nd Oak Leaf Cluster (3rd Award), and all other awards he was eligible for.

2.  The applicant states, in effect, her father informed her and other family members that he was wounded in action three separate times during World 
War II (WWII) and he received the PH each of those times.  She also includes pictures of his bars and ribbons he had in his possession and that she has received from Philadelphia and indicates she believes some of the information is incorrect.

3.  The applicant provides the following documents in support of her application:  self-authored letters, dated 6 June and 5 and 16 July 2009; National Personnel Records Center (NPRC) letter, dated 2 March 2009; FSM's State of Texas Certificate of Death; Affidavit of Death and Heirship, dated 12 March 2009; Department of Veterans Affairs (VA) Benefits letter, dated 28 December 2007; photographs showing the FSM's patches, "dog tags," badges, ribbons, and medals; VA Insurance Form 357 (Statement of Claim for Waiver of Premiums or Continuation of Waiver of Premiums under the National Service Life Insurance Act of 1940, as Amended); WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge); WD AGO Form 100 (Separation Qualification Record); Honorable Discharge Certificate; and Standard Form 180 (Request Pertaining to Military Records), dated 14 November 2008.


CONSIDERATION OF EVIDENCE:

1.  The FSM's military record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the NPRC in 1973.  It is believed the FSM's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using a reconstructed record that consists of the FSM's WD AGO Form 53-55, WD AGO Form 100, and the other documents provided by the applicant.

2.  The FSM's WD AGO Form 53-55 shows he enlisted and entered active military service on 6 December 1939.  It also shows he served in the European Theater of Operations (ETO) from 7 August 1942 to 7 May 1945, and that he participated in the Algeria-French Morocco, Northern France, Tunisia, Sicily, and Normandy campaigns of WWII.  Item 6 (Organization) shows he served with Headquarters Company, 3rd Battalion, 16th Infantry Regiment, and item 31 (Military Qualifications) shows he received the Combat Infantryman Badge (CIB).

3.  Item 33 (Decorations and Awards) of the FSM's WD AGO Form 53-55 shows he earned the following awards during his active duty tenure:  European-African-Middle Eastern (EAME) Campaign Medal, American Defense Service Medal (ADSM), Army Good Conduct Medal (AGCM), and Bronze Star Medal (BSM), which was authorized in 1st Infantry Division General Order 91, issued in 1944.  

4.  The PH is not included in the list of awards contained in item 33 of the FSM's WD AGO Form 53-55, and item 34 (Wounds Received in Action) contains the entry "None."   Item 40 (Reason and Authority for Separation) shows he was separated with a Certificate of Disability.  

5.  The FSM's WD AGO Form 53-55 also shows that on 6 September 1945, he was honorably discharged, in the rank of staff sergeant (SSG).  Item 37 (Total Length of Service) shows he completed 2 years, 11 months and 2 days of continental service and 2 years, 9 months and 22 days of foreign service.

6.  The applicant provides a photograph displaying the FSM's uniform patches, rank chevron, branch insignia, service stripes and overseas service stripes (bars).  It also displays his CIB and ribbons that appear to be the EAME Campaign Medal, ADSM, and BSM with undistinguishable appurtenances.  It further shows a ribbon the applicant refers to as a PH; however, appears to actually be a Distinguished Unit Citation (DUC), now known as the Presidential Unit Citation (PUC),  with 2 Oak Leaf Clusters, which represents three awards. 


7.   A second photograph provided by the applicant displays the FSM's awards, which includes the ADSM, AGCM, WWII Victory Medal, Marksman Marksmanship Qualification Badge, EAME Campaign Medal, and honorable service lapel button.

8.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-8 provides guidance on award of the PH.  It states, in pertinent part, that in order to qualify for the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that it required treatment by medical personnel; and that a record of the medical treatment was made a matter of official record.

9.  Paragraph 3-14 of the awards regulation contains guidance on award of the BSM.  It states, in pertinent part, that the BSM is authorized to members who after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between
7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement has been otherwise confirmed by documents executed prior to
1 July 1947.  For this purpose, an award of the CIB or Combat Medical Badge is considered a citation in orders.  An Oak Leaf Cluster is issued to denote a second and subsequent award of the BSM.

10.  Chapter 5 of the awards regulation contains guidance on service medals and service ribbons.  Paragraph 5-11 contains guidance on the Army of Occupation Medal (AOM) and states, in pertinent part, that it is authorized for the occupation of Germany between 9 May 1945 and 5 May 1955.  Clasp devices are authorized for wear on the AOM.  Soldiers who served in the European Theater during the occupation of Europe will wear the clasp inscribed "Germany."

11.  Paragraph 5-12 if the same regulation provides guidance on the WWII Victory Medal and states, in pertinent part, that it is authorized for service between 7 December 1941 and 21 December 1946. 

12.  Paragraph 5-13 of the awards regulation provides guidance on the EAME Campaign Medal and states, in pertinent part, that a bronze service star is authorized for each campaign a member participated in while serving in the ETO. A silver service star is awarded in lieu of five bronze service stars to denote participation in five campaigns and a bronze arrowhead is authorized for wear on this medal to denote participation in an assault landing. 

13.  Paragraph 5-15 of the awards regulation contains guidance on the American Campaign Medal and states, in pertinent part, that it is authorized for service in the American Theater for an aggregate period of 1 year between 7 December 1941 and 2 March 1946.

14.  Chapter 7 of the awards regulation contains guidance on United States Unit Awards and Section III provides guidance on Unit Decorations.  Paragraph 7-13 contains guidance on the PUC and states, in pertinent part, that the DUC is the predecessor of the PUC and it was designated as the PUC on 3 November 1966. The PUC/DUC is awarded to units for extraordinary heroism in action against an armed enemy occurring on or after 7 December 1941.  An Oak Leaf Cluster is issued to denote second and subsequent awards of the PUC/DUC.

15.  Paragraph 7-23 contains guidance on the assault landing credit-arrowhead device and states, in pertinent part, that a bronze arrowhead is awarded to units who participate in the assault waves of an amphibious landing on enemy-held territory.

16.  Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during WWII.  This source confirms that during the FSM's tenure of assignment, his unit (3rd Battalion, 16th Infantry Regiment) was awarded the DUC for the period 6 June 1944 in (War Department (WD) General Order (GO) Number 73-44, published in April 1943; and for the period 16 through 
26 November 1944 in WD GO Number 120-46, published in 1946.  

17.  The WWII unit register also shows that during his tenure of assignment, the applicant's unit was credited with participating in the following eight WWII campaigns:  Algeria-French Morocco (8 through11 November 1942); Ardennes-Alsace (16 December 1944 through 25 January 1945); Central Europe (22 March through 11 May 1945); Normandy (6 June through 24 July 1944; Northern France (25 July through 14 September 1944); Rhineland (15 September 1944 through 21 March 1945); Sicily (9 July through 17 August 1943); and Tunisia
(17 November 1942 through 13 May 1943).  It also shows the unit received assault landing credit for the Normandy and Sicily landings and received occupation of Germany credit for the periods 2 May through 4 June 1945 and 
5 July through 31 October 1945.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM did not receive all awards he was eligible for was carefully considered and found to have merit.  The FSM's 
WD AGO Form 53-55 confirms he served on active duty during WWII.  Item 37 shows he served in the continental United States, or American Theater, for 
2 years, 11 months and 2 days.  As a result, it would be appropriate to add the WWII Victory Medal and ACM to the list of awards contained in item 33 of his 
WD AGO Form 53-55. 

2.  By regulation, members who after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, are eligible to receive the BSM and for this purpose, receipt of the CIB is considered a citation in orders.  

3.  Item 31 of the FSM's WD AGO Form 53-55 confirms he received the CIB and item 33 contains a BSM entry, which identifies the 1st Infantry Division GO that authorized the award in 1944.  Therefore, given the applicant was awarded a BSM while on active duty, it would be appropriate to award him the BSM 1st Oak Leaf Cluster (2nd Award) for his exemplary conduct in ground combat against an armed enemy in the ETO from 7 August 1942 to 7 May 1945 based on his receipt of the CIB, and to add this award to item 33 of his WD AGO Form 53-55.  

4.  The FSM's WD AGO Form 53-55 shows the FSM served in the ETO with the 3rd Battalion, 16th Infantry Regiment from 7 August 1942 through 7 May 1945.  The WWII unit register shows that during his tenure of assignment in the ETO, the FSM's unit received two awards of the DUC and was credited with participating in the following eight campaigns:  Algeria-French Morocco, Ardennes-Alsace, Central Europe, Normandy, Northern France, Rhineland, Sicily, and Tunisia.  It also shows the unit received assault landing credit for Normandy and Sicily, and occupation of Germany credit for the periods 2 May through 4 June 1945 and 5 July through 31 October 1945.  

5.  Absent any evidence or indication to the contrary, it is reasonable to err in favor of the FSM and presume he was present and participated with his unit in the campaigns, assault landings, and occupation of Germany identified in the WWII unit register, and that he is eligible to receive the awards earned by the unit during this period.  Therefore, it would be appropriate to correct item 32 of his WD AGO Form 53-55 to reflect all eight campaigns identified and to correct item 33 by adding the DUC 1st Oak Leaf Cluster (2nd Award), Army Occupation Medal with Germany Clasp, and 1 silver service star, 3 bronze service stars and 1 bronze arrowhead with his EAME Campaign Medal.  

6.  The applicant's contention that the FSM should have been awarded three PHs based on being wounded in action on three separate occasions during WWII was also carefully considered.  However, there is insufficient evidence to support this claim.  By regulation, in order to support award of the PH there must be evidence that the wound(s) for which the award (s) is/are being made was received as a result of enemy action; that it/they required treatment by medical personnel; and a record of the medical treatment must have been made a matter of official record.


7.  In this case, the available evidence fails to show the FSM was ever wounded as a result of enemy action or that he was ever treated for a combat-related wound or injury during his active duty tenure, as evidenced by the absence of the PH in the list of awards contained in item 33 of his WD AGO Form 53-55, and the entry "None" in item 34.  

8.  Further, the fact the FSM was discharged with a certificate of disability makes it reasonable to presume that had the condition that resulted in his discharge been combat related or resulted from enemy action, it likely would have resulted in his being awarded the PH by the hospital commander at the time with the appropriate entries being made in items 33 and 34 of his WD AGO Form 53-55.  

9.  Absent any independent evidence submitted by the applicant that shows the FSM was wounded in action and/or treated for a combat-related wound during his active duty tenure, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.  Therefore, it would not be appropriate or serve the interest of all those who served during WWII and who faced similar circumstances to award the PH to the FSM at this late date.  

10.  The applicant and all others concerned should know that this action related to award of the PH in no way diminishes the sacrifices made by the FSM in service to our Nation.  The applicant and all other Americans should be justifiably proud of the FSM's service in arms.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X__  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 FSM the Bronze Star Medal with 1st Oak Leaf Cluster (2nd Award) for his for his exemplary conduct in ground combat while serving in the ETO from 7 August 1942 through 7 May 1945;

	b.  adding the Ardennes-Alsace, Central Europe, and Rhineland campaigns to item 32 of the FSM's WD AGO Form 53-55; 

	c.  deleting the European-African-Middle Eastern Service Medal from item 33 of the FSM's WD AGO Form 53-55;

   d.  adding the Bronze Star Medal 1st Oak Leaf Cluster (2nd Award); European-African-Middle Eastern Campaign Medal with 1 silver service star, 
3 bronze service stars, and 1 bronze arrowhead; Army Occupation Medal with Germany Clasp; American Campaign Medal; Distinguished Unit Citation with 1st Oak Leaf Cluster (2nd Award); and World War II Victory Medal to the list of awards in item 33 of the FSM's WD AGO 53-55; and

	e.  providing the applicant a correction of the FSM's WD AGO Form 53-55 that reflects these changes.

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 any Purple Hearts.




      __________X____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090013059



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ABCMR Record of Proceedings (cont)                                         AR20090013059


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