PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                19 August 1999
	DOCKET NUMBER:        AR1998012951

	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. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Melvin H. Meyer		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)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests award of the Purple Heart.  The applicant’s records also contain documents requesting award of the Combat Infantryman Badge and the Bronze Star Medal based on award of the Combat Infantryman Badge.  

3.  The Board noted that the applicant was separated from the Army Air Force; however, this case is not being referred to the Air Force Board for Correction of Military Record because that portion of the applicant’s request related to the Combat Infantryman Badge and the Bronze Star Medal based on award of the Combat Infantryman Badge is unique to the Army.

4.  The applicant states that his discharge does not list a Purple Heart.  He states that he was reclassified into the Army Air Force and was moved around Europe and, as a result a lot of his decorations and citations were not put on his records.

5.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that he was inducted on 7 December 1942.  He served in the European-African-Middle Eastern Theater of Operations from 9 November 1944 until 23 August 1945.  The applicant was honorably discharged on 22 November 1945.

6.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), which is authenticated in his own hand, does not show the Purple Heart as an authorized award and shows the entry “none” in item 34 (Wounds Received in Action).  His WD AGO Form 53-55 also does not show entitlement to the Combat Infantryman Badge or the Bronze Star Medal based on award of the Combat Infantryman Badge.

7.  There is no evidence of record which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action.  The applicant provided a copy of a WD AGO Form 106 (Request for Decoration or Citation) wherein the applicant claimed entitlement to the Combat Infantryman Badge and the Distinguished Unit Citation.  This applicant made his claim for these awards based on the statement:  “Man was in the hospital when awards were presented and thus they weren’t entered on his record.”  However, there is no indication of the reason for this hospitalization.  The applicant also provided a 15 February 1983 letter from the Veterans Administration which states he is receiving disability compensation for service connected disability rated at less than 30 percent.  However, there is no indication of the nature of this disability or if it was the result of hostile action. 

8.  The applicant provided a copy of 101st Airborne Division General Order Number 26, dated 18 March 1945, which awarded the applicant the Silver Star for gallantry in action against the enemy on 21 December 1944 as a machine gunner.  There is no indication in the narrative for this award which states that the applicant was wounded as a result of hostile action.

9.  The award citation for the Silver Star awarded to the applicant shows that he was a machine gunner in an infantry parachute regiment.  This citation also shows that the date of the action was 21 December 1944.  From this information, it can be deduced that the applicant was serving in an infantry military occupational specialty (MOS) in an infantry unit of regimental or smaller size.  The citation states that he was assigned to Company A of the 501st Parachute Infantry Regiment.

10.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, ) lists the unit awards received by units serving in World War II.  This document shows the 501st Parachute Infantry Regiment was cited for award of the Distinguished Unit Citation (now known as the Presidential Unit Citation) for actions during the period 18 to 24 December 1944.  The award citation for the applicant’s Silver Star shows that he was a member of the unit and was present during the period for the unit was cited for the Distinguished Unit Citation.

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.  The Awards Branch, Total Army Personnel Command, 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 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  Army Regulation 670-1, in pertinent part, states that the Presidential Unit Citation is authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

CONCLUSIONS:

1.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Therefore, the applicant is not entitled to award of the Purple Heart.

2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  In this case, it is clear to the Board that the applicant was serving as an infantryman in an infantry unit at the time he distinguished himself by gallantry in action which merited award of the Silver Star and it would be a great injustice not to recognize him with award of the Combat Infantryman Badge and award of the Bronze Star Medal based on award of the Combat Infantryman Badge.  Therefore, the Board determined that the applicant is entitled to award of the Combat Infantryman Badge and award of the Bronze Star Medal based on award of the Combat Infantryman Badge.

3.  The narrative for the Silver Star proves the applicant was present when his unit was cited for award of the Distinguished Unit Citation; therefore, he is entitled to correction of his records to show entitlement to this award.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Combat Infantryman Badge, was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge, and was awarded the Distinguished Unit Citation.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

CMF____  CLA____  MHM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Calvin M. Fowler______
		        CHAIRPERSON

 

INDEX

CASE ID	AR1999012951	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990819	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451122	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	DEMOBILIZATION	
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.