PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                28 January 1999              
	DOCKET NUMBER:       AC98-10405
				       AR1999017126

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Robert W. Garrett		Member	
	Mr. Curtis L. Greenway		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, who is the daughter of a deceased former service member (FSM), requests correction of her father’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show two campaigns in item 32 (Battles and Campaigns), to show award of the Purple Heart in item 33 (Decorations and Citations), and to show an arm wound resulting in amputation in item 34 (Wounds Received in Action). 

3.  The applicant states, in effect, that these items should be corrected on her father’s WD AGO Form 53-55.  In support of the application, she submits a letter of explanation, a photograph of the FSM’s awards, and a copy of his discharge and notification cards.

4.  The applicant’s military records were destroyed or lost 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 24 March 1944.  He completed training as a rifleman and served in the European-African-Middle Eastern Theater of Operations from January 1945 to approximately June 1945.  He was honorably discharged on 3 December 1945. 

5.  The FSM’ s WD AGO Form 53-55 shows one campaign in (Rhineland) in item 32.  His WD AGO Form 53-55 does not show the Purple Heart as an authorized award in item 33.  His discharge document shows “None” in item 34 for wounds received in action.  The Board notes that the FSM was entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge, the World War II Victory Medal and the Belgium Fourragere which are not shown on his discharge document.

6.  Records show the FSM only received credit for participation in the Rhineland Campaign.  Army Regulation 600-8-22, Table B-1, shows he was also entitled to credit for participation in the Ardennes-Alsace Campaign (16 December 1944 to 25 January 1945) during his service in the European-African-Middle Eastern Theater of Operations.  

7.  Records available to the Board do not show that the FSM was awarded the Purple Heart.  His personnel records contain hospital admission card data files created by the Office of the Surgeon General which show he was wounded in the left arm on 6 February 1945, but not as a result of hostile action.

8.  The FSM’s service medical records, provided by the Department of Veterans Affairs, show that he sustained an accidental gunshot wound to the left arm when his own gun discharged as he was climbing out of a foxhole on 6 February 1945 in Germany.  Service medical records also show that this wound resulted in amputation of the FSM’s left arm.

9.  The FSM’s discharge document shows that he was awarded the Combat Infantryman Badge during World War II.  However, there is no indication in the FSM’s records that he was awarded the Bronze Star Medal.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

11.  The FSM was awarded the Belgium Fourragere by Department of Army General Order Number 43-50.

12.  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.

13.  Army Regulation 600-8-22 also 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.

CONCLUSIONS:

1.  Based on the FSM’s service in the European-African-Middle Eastern Theater of Operations, he is entitled to correction of item 32 of his WD AGO Form 53-55 to show the “Ardennes-Alsace Campaign” in addition to the Rhineland Campaign.

2.  There is no evidence available to the Board which shows that the FSM was awarded the Purple Heart.  Evidence of record available to the Board shows that the FSM was wounded accidentally by his own weapon.  Therefore, there is no entitlement to correction of the FSM’s records to show award of the Purple Heart or wounds sustained as a result of hostile action.

3.  The FSM was awarded the Combat Infantryman Badge during World War II; therefore, he is entitled to award of the Bronze Star Medal and correction of his records to show this award.

4.  The FSM was entitled to award of the World War II Victory Medal and the Belgian Fourragere; therefore, he is entitled to correction of his records to show these awards.

5.  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:

a.  by showing the entry “Ardennes-Alsace Campaign” in item 32 of the FSM’s WD AGO Form 53-55; and 

b.  by showing that the FSM was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge, the World War II Victory Medal and the Belgian Fourragere.

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

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX
CASE ID	AC98-10405/AR1999017126	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990128	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	100.00	
3.		
4.		
5.		
6.