PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 2 February 2000
	DOCKET NUMBER:        AR1999027350

	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.  

	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Lester Echols		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 WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show that he was awarded the Purple Heart, the Bronze Star Medal and the Prisoner of War (POW) Medal.

3.  The applicant states that the aforementioned awards are not shown on his WD AGO Form 53-55.  In support of his application he submits a copy of an award citation, copy of DD Form 2510 (Prisoner of War (POW) Medal Application/Information) and a copy of WD AGO Form 01102 (For Officer Selected to Present Decoration). 

4.  The applicant’s military records were 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 21 July 1943.  He served in the European-African-Middle Eastern Theater of Operations from 8 December 1944 to 12 June 1945 and was honorably discharged on 21 November 1945.

5.  The applicant’s WD AGO Form 53-55 shows he was awarded the American Theater Campaign Medal, the European-African-Middle Eastern Campaign Medal with two bronze service stars, the Good Conduct Medal, the World War II Victory Medal and the Combat Infantryman Badge (CIB).

6.  The applicant’s WD AGO Form 53-55 does not show the Purple Heart, the Bronze Star Medal or the POW Medal as authorized awards.

7.  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 in the available records that show he was wounded as a result of hostile action.

8.  The applicant provided a copy of an award citation published by Headquarters, 42nd (RAINBOW) Infantry Division dated 8 March 1946,
which shows that he was awarded the Bronze Star Medal for meritorious achievement in action on 6 January 1945, near Gambsheim, France.

9.  The applicant proved a copy of WD AGO Form 01102, which states that he was awarded the Bronze Star Medal by Headquarters, 42nd Infantry Division General Orders Number 67, dated 13 March 1946.

10.  The Board noted the applicant’s discharge document shows he was awarded the CIB.  There is no evidence the applicant was awarded the Bronze Star Medal based on award of the CIB.

11.  A DA 1577 (Authorization for Issuance of Awards), dated 5 October 1988, shows the National Personnel Records Center in St. Louis, Missouri, determined the applicant was entitled to the POW Medal.

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 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.  

14.  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.

15.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

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 due to hostile
action during World War II.  Therefore, he is not entitled to the Purple Heart.

2.  The applicant has provided evidence to show that he was awarded the Bronze Star Medal.  However, Special Orders Number 67, dated 13 March 1946 published by Headquarters, 42nd Infantry Division is unavailable for review by this Board.  Upon review, the Board has determined that the applicant’s citation is sufficient as a basis for correction of his records to show this award.  Therefore, he is entitled to correction of his records to show this award.

3.  Evidence of record shows the applicant is entitled to the Bronze Star Medal based on award of the Combat Infantryman Badge; however, this award was not shown on his discharge document.  Therefore, he is entitled to correction of his records to show the Bronze Star Medal First Oak Leaf Cluster.

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

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 by showing in item 33 (Decorations and Awards) of his WD AGO Form 53-55 that the individual concerned was awarded the Bronze Star Medal First Oak Leaf Cluster and the POW Medal. 

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

BOARD VOTE:  

CMF____  JEA_____  LE______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Calvin M. Fowler______
		        CHAIRPERSON

INDEX

CASE ID	AR1999027350	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000202	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451121	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.   60		
3.  75		
4.		
5.		
6.