BOARD DATE:	  8 November 2011

		DOCKET NUMBER:  AR20110010888 


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, through his Member of Congress, reconsideration of his earlier request for a second award of the Purple Heart for wounds incurred during World War II (WWII).

2.  The applicant states:

* he was wounded twice following the landings at Normandy
* the first time he was wounded was on 9 June 1944, when he was wounded in the left leg following glider landings while advancing through hedge row country
* this incident was described in his oral testimony and substantiated by press reports in the St. Louis Post Dispatch
* the second time he was wounded was on 19 December 1944, when he was wounded in the right leg during operations in Belgium
* he was awarded a Purple Heart for his second wound, not the first
* both wounds were reported in different news articles
* he was wounded twice in Europe in 1944 and the Army should correct his record to show both incidents

3.  A representative affiliated with the applicant's Member of Congress states:

* the applicant's initial application to the Army Board for Correction of Military Records (ABCMR) was unclear
* the ABCMR refused to acknowledge the applicant's second wound, despite the fact that it was already acknowledged in the Purple Heart entry on his WD AGO Form 53-55 (Enlisted Record and Report of Separation)
* the applicant was attempting to have the Purple Heart awarded for his first wound – his first wound was recorded but the Purple Heart award entry pertains to the applicant's second wound, which is not recorded
* the applicant has submitted three separate newspaper accounts of his service in WWII
* his submitted newspaper articles and oral history substantiate the occurrence of two separate combat wounds
* the applicant is in his late eighties and in frail health 
* the applicant is a hero who fought in some of the most intense combat in Europe – his legacy and family deserve an accurate accounting of his service and sacrifice

4.  The applicant provides:

* his WD AGO Form 53-55
* 2 newspaper articles from the St. Louis Post Dispatch, dated 1 July 1944 and 30 August 1944
* an extract from an undated newspaper article
* a 6-page extract of an oral history interview between the applicant and an unknown party/organization

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 ABCMR in Docket Number AR20080015417 on 18 November 2008.

2.  The applicant provides three newspaper articles and a 6-page extract of an oral history interview which were not previously considered by the Board.  Therefore, the new evidence warrants consideration by the Board.

3.  The applicant's complete military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

4.  The applicant was inducted into the Army of the United States on 23 June 1943 and entered active service on 7 July 1943.  His WD AGO Form 53-55 shows in:

* Item 6 (Organization) he was assigned to Company E, 325th Glider Infantry Regiment, 82nd Airborne Division
* Item 7 (Date of Separation) he was honorably discharged on                   19 December 1945
* Item 30 (Military Occupational Specialty (MOS) and Number) he held MOS 745 (Rifleman)
* Item 32 (Battles and Campaigns) he participated in the Rhineland, Ardennes, Central Europe, and Normandy campaigns
* Item 33 (Decorations and Citations) he was awarded:

* Bronze Stars (5) for the above campaigns per WDGO (War Department General Orders) Number 33 and 40, dated 1945
* Good Conduct Medal
* Purple Heart by General Order Number 5, 8th Conv. Hospital, dated   21 January 1945

* Item 34 (Wounds Received in Action) the entry, “Germany 6 June 45”
* Item 36 (Service Outside Continental United States and Return) he arrived in the European Theater of Operations (ETO) on 25 January 1944 and he departed the ETO on 3 December 1945
* Item 55 (Remarks) he was awarded:

* European – African – Middle Eastern Theater Campaign Ribbon
* 3 overseas service bars
* World War II Victory Ribbon
* Army Service Ribbon

5.  He provides 3 newspaper articles which state:

* he was wounded on 9 June 1944 in France
* he was part of a glider crew that landed and captured the French town of Ste. Mere Eglise before the invasion of Normandy
* he was wounded in action a second time on 19 December 1944 in Belgium 
* he was wounded in action the first time on 9 June 1944 during the invasion of Normandy 

6.  The Purple Heart was established by General George Washington at Newburgh, NY on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.

7.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded to a member of the Armed Forces or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the United States.  Substantiating evidence must be provided to verify 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.

8.  His records indicate he is entitled to additional awards and/or military qualifications which are not shown on his WD AGO Form 53-55.

9.  Army Regulation 600-8-22 states the Combat Infantryman Badge was established during World War II to provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  In developing the Combat Infantryman Badge, the War Department did not dismiss or ignore the contributions of other branches.  Their vital contributions to the overall war effort were noted, but it was decided that other awards and decorations were sufficient to recognize their contributions.  

10.  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.  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:
* Light machine gunner (604)
* Heavy machine gunner (605)
* Platoon sergeant (651)
* Squad leader (653)
* Rifleman (745)
* Automatic rifleman (746)
* Heavy weapons NCO (812)
* Gun crewman (864)

11.  War Department Circular Number 408, dated 17 October 1944, effective      1 November 1944, restricted award of the Combat Infantryman Badge to officers, warrant officers, and enlisted men assigned to infantry regiments, infantry battalions, and elements thereof designated as infantry.  Personnel whose eligibility was thus established could qualify for award of the Combat Infantryman Badge by satisfactory performance of duty in ground combat against the enemy. Announcement of the award of the Combat Infantryman Badge would be made in regimental or unit orders.

12.  War Department Circular Number 93, dated 24 March 1945, effective           1 November 1944, restricted award of the Combat Infantryman Badge to officers, warrant officers, and enlisted men assigned to infantry regiments, infantry battalions, and elements thereof designated as infantry.  In addition, infantry officers, warrant officers, and enlisted men who were attached to infantry regiments, infantry battalions, and elements thereof designated as infantry of the U.S. forces or of any of the Allied Nations’ military forces were eligible for the Combat Infantryman Badge.  In those cases where the individual concerned was not assigned to an infantry regiment or smaller infantry unit, the award would be made by such commanders and in such orders as the theater commander designated.  

13.  Army Regulation 600-8-22 states 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.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.


14.  Army Regulation 600-8-22 states the American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and      2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, or 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded a second award of the Purple Heart.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  He contends he was twice wounded in combat.  He contends his first wound occurred in Normandy on 9 June 1944, and the item 34 entry on his WD AGO Form 53-55 is incorrect because the invasion of Normandy commenced on         6 June 1944 and hostilities in Europe had ceased by 6 June 1945.  He contends the "6 June 45" entry should, in fact, read "9 June 44."  He further contends he was wounded a second time in Belgium on 19 December 1944.

3.  General Order Number 5, 8th Conv. Hospital, dated 21 January 1945, awarded him the Purple Heart.  The applicant's submitted evidence suggests he was wounded in Belgium on December 19, 1944.  Given that General Order Number 5 was published a month after the reported date he was wounded, it is reasonable to believe his Purple Heart was awarded for wounds received in Belgium on 19 December 1944.  Since these wounds are not shown on his WD AGO Form 53-55, it would be appropriate to correct his WD AGO Form 53-55 to show he was wounded in Belgium on 19 December 1944.   

4.  The evidence of record shows the applicant was twice wounded in combat, and he was awarded the Purple Heart for the second time he was wounded.  Therefore, it would be appropriate to award him the Purple Heart for wounds he received in Normandy on 6 June 1944, and to correct item 24 of his WD AGO Form 53-55 to show he was wounded on 6 June 1944, versus 6 June 1945 as it currently shows.

5.  The evidence of record shows the applicant held an infantry MOS and was assigned to an infantry unit during his service in WWII as shown on his separation qualification record.  His previous award of the Purple Heart shows he was wounded in combat; therefore, he is entitled to award of the Combat Infantryman Badge, and to correction of his WD AGO Form 53-55 to show this award.

6.  The applicant was awarded the Combat Infantryman Badge; therefore, he is entitled to award of the Bronze Star Medal and to correction of his WD AGO Form 53-55 to show this award.

7.  The applicant served a qualifying period of service for award of the American Campaign Medal; therefore, he is entitled to correction of his WD AGO Form   53-55 to show this award.

BOARD VOTE:

___x____  ____x__  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 him the:

* Purple Heart, for wounds incurred in Normandy on 6 June 1944
* Combat Infantryman Badge
* Bronze Star Medal

   b. Amending item 33 of his WD AGO Form 53-55 to delete the entry "Purple Heart for Go. #5 8th Conv. Hosp. 21 Jan 45."

   c. Amending item 33 of his WD AGO Form 53-55 to add the entries:

* Purple Heart (2nd Award)
* Combat Infantryman Badge
* American Campaign Medal

   d. Amending item 34 of his WD AGO Form 53-55 to delete the entry "Germany 6 Jun 45."

   e. Amending item 34 of his WD AGO Form 53-55 to add the entries:

* Normandy, 6 Jun 44 
* Belgium, 19 Dec 44





      __________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)                                         AR20090012380



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ABCMR Record of Proceedings (cont)                                         AR20110010888



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