PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           19 November 1998                  
	DOCKET NUMBER:   AC98-07071

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan 		Member	
	Ms. Barbara J. Ellis 		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 correction of his military records to show award of the Purple Heart, the Bronze Star Medal (BSM), the Good Conduct Medal, the Combat Infantryman Badge (CIB) and the Prisoner of War Medal (POW).

3.  The applicant states, in effect, the awards should have been entered on his military records at the time of his discharge.  In support of his application, he submits a copy of the Findings and Decision (Reconsideration) of the Board of Veterans Appeals, dated 8 January 1965, which in pertinent part, shows “during December 1944 the veteran was taken prisoner of war by the Germans shortly after being wounded in action.”

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center Fire of 1973.  Records available to the Board were obtained from alternate sources and show the applicant was inducted on
27 October 1943.  He served as a rifleman in the European Theater from 20 July 1944 to 10 June 1945 and was separated with an honorable discharge on 
11 December 1945.     

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), which was authenticated in his own hand, does not show the Purple Heart, the BSM, the Good Conduct Medal, the CIB or the POW Medal as authorized awards.

6.  The Board of Veterans Appeals letter, dated 8 January 1965, indicates the applicant was taken POW by the Germans shortly after being wounded in action. The letter also states that abbreviated medical records show the applicant was treated for a gunshot wound to the left shoulder while in POW hospitals.

7.  There is no evidence in the applicant’s personnel records which shows he was recommended for or awarded the BSM.    

8.  There is no evidence of record that the applicant was recommended for or received the first award of the Good Conduct Medal.  There also is no indication in the available records that he was disqualified from receiving this award.   

9.  Item 30 (Military Occupational Specialty and No.) of the applicant’s WD AGO Form 53-55 shows “Rifleman 745”.  Item 41 (Service Schools Attended) shows “ASF Technical Sch Cooks and Bakers 8 wks 1944 Comp” [Army Service Forces Technical School Cooks and Bakers 8 weeks 1944 Completed].  War Department Form 372 (Final Payment- Work Sheet) shows the applicant did not receive combat infantry pay.

10.  DA Form 1577 (Authorization for Issuance of Awards), dated 10 May 1988, shows the Army Reserve Personnel Center in St. Louis, Missouri, determined that the applicant was entitled to the POW Medal.     

11.  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.
 
12.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

13.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. 

14.  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 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)

CONCLUSIONS:

1.  Evidence of record shows the applicant sustained a gunshot wound to his left shoulder while taken captive and received medical treatment in a POW hospital. Therefore, he is entitled to correction of his military records to show award of the Purple Heart.

2.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he was recommended for or received the BSM; therefore, he is not entitled to this award.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 27 October 1943 through 11 December 1945 based on completion of a period of qualifying service ending with termination of a period of Federal military service.  Therefore, he is entitled to correction of his military records to show this award.

4.  Evidence of record shows the applicant did not receive combat infantry pay; therefore, he is not entitled to award of the CIB.

5.  The applicant was awarded the POW Medal; therefore, he is entitled to correction of his records to show this award. 

6.  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 that the individual concerned was awarded the Purple Heart, the first award of the Good Conduct Medal and the POW Medal.	 

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

BOARD VOTE:  

FNE____  TAP_____  BJE____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON