PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                25 August 1999
	DOCKET NUMBER:        AR1999017073

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful 		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Allen L. Raub		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, in effect, that his WD AGO 53-55 (Enlisted Record and Report of Separation) be corrected to show that he was awarded the Purple Heart.

3.  The applicant states, in effect, that he sustained injuries between the period of 22 January 1945 to 25 January 1945, during the Ardennes Campaign in the European-African-Middle Eastern Theater of Operations.

4.  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 9 July 1943.
He served in the European-African-Middle Eastern Theater of Operations from 19 November 1944 to on or about 10 September 1945 as a machine gun NCO (604) and was honorably discharged on 24 November 1945.

5.  The applicant’s WD AGO 53-55 shows he was awarded the American Theater Campaign Medal, the European-African-Middle Eastern Theater Campaign Medal with three bronze service stars, the World War II Victory Medal, the Combat Infantryman Badge, the Expert 30 Caliber Rifle (M1), the Expert 30 Caliber Carbine and the Expert Thompson Sub Machine Gun (TSMG).  

6.  The applicant’s WD AGO Form 53-55 does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received In Action) of the applicant’s 
WD AGO Form 53-55, which was authenticated in his own hand, shows the entry “NONE”.  There is no record that the applicant was awarded the Purple Heart.  There also is no indication that he was wounded as a result of hostile action.

7.  The Board noted that he is entitled to the Bronze Star Medal based on the award of the CIB and the Army of Occupation Medal with Germany Clasp.

8.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Register, dated 6 July 1961, shows the applicant’s unit (7th Armored Infantry Battalion, 8th Armored Division) received occupation credit for qualifying service in Germany from 2 May 1945 to 29 September 1945.

9.  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.
Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For Germany service must have been between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

CONCLUSIONS:

1.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded during his service in the European-African-Middle Eastern Theater of Operations.  
Therefore, he is not entitled to award of the Purple Heart.

2.  The applicant was awarded the CIB during World War II; therefore, he is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge.

3.  The applicant was awarded the Army of Occupation Medal with Germany Clasp.  Therefore, his records should be corrected to show this award.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing in item 33 (Decorations and Citations) of his WD AGO Form 53-55 that he was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge and the Army of Occupation Medal with Germany Clasp.

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

BOARD VOTE:  

LLS____  LE______  ALR_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Luther L. Santiful____
		        CHAIRPERSON

INDEX

CASE ID	AR1999017073	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990825	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451124	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.  157		
3.  60		
4.  102		
5.		
6.