PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:                 11 May 2000
	DOCKET NUMBER:        AR2000035616

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Christopher J. Prosser		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, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show that he was awarded the Purple Heart and to show in item 34 (Wounds Received in Action) that he was wounded in action.

3.  The applicant states, in effect, that his WD AGO Form 53-55 does not show the Purple Heart and that item 34 (Wounds Received in Action) of his WD AGO Form 53-55 shows that he received no wounds in action.  He also states that his
WD AGO Form No. 63 (Report of Physical Examination) dated 7 June 1945,
item 18 (Bones, joint, and muscles) shows the entry “1st degree, pes planus (flat feet), bilateral”.  He further states that on the day he was captured as a Prisoner of War (POW), a tank fired on the house that he was in and a brick fell on his foot.  He goes on to state that he was captured and forced to march on that foot over 8 hours and was a POW for 65 days.  In support of his application he submits a copy of WD AGO Form No 63, copy of his WD AGO Form 53-55, a hand written medical record with medical terms, copy of a VA Claim, travel orders, POW cards and a copy of an affidavit.

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 on 4 March 1944 as a rifleman (745).  He served in the European-African-Middle Eastern Theater of Operations from 8 December 1944 to 22 June 1945 and was honorably discharged on 18 December 1945.  

5.  The applicant’s WD AGO Form 53-55 shows that he was awarded the American Theater Campaign Medal, the European-African-Middle Eastern Theater Service Medal with two bronze service stars, the World War II Victory Medal, the Combat Infantryman Badge and the Marksman Marksmanship Qualification Rifle Badge M1 30 Caliber.

6.  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 he was awarded the Purple Heart.  There also is no indication he was wounded as a result of hostile action.

7.  The applicant provided a copy of his WD AGO Form 63, dated 7 June 1945,
which shows that he was diagnosed with 1st degree, pes planus (flat feet), bilateral by competent medical authorities from the 58th (US) General Hospital 
during World War II.  The applicant also provided a copy of his VA Claim, dated 3 February 1950, which shows that he was awarded 10 percent disability for flat feet.

8.  A DA Form 1577 (Authorization for Issuance of Awards), dated 12 September 1988, shows the Army Personnel Center in St. Louis, Missouri, determined the applicant was entitled to the POW Medal.

9.  The Board notes that he is entitled to the Army of Occupation Medal with Germany Clasp, the Meritorious Unit Commendation and the first award of the Good Conduct Medal for the period 4 March 1944 through 18 December 1945 which are not shown on his discharge document.

10.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, occupation credit during World War II.  This document shows the unit to which the applicant was assigned, Company D, 357th Infantry Regiment, 90th Infantry Division, received occupation credit for Germany for the period from 20 May 1945 to 31 October 1945.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for actions in Vietnam
during the period 10 January 1945 to 31 August 1945 by Headquarters, 90th Infantry Division General Orders Number 631, dated 23 August 1945.

12.  There is no indication in the available records that show he was awarded the Good Conduct Medal.  There is no evidence of derogatory information contained in the available records.

13.  The Board noted the applicant was awarded the Combat Infantryman Badge. There is no evidence he was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge.

14.  During World War II and the Korean War the Purple Heart was not awarded to soldiers who had been injured while in captivity or while being taken captive.  These injuries were considered to be the result of war crimes and not the result of a legal action of war.  War Department policy, at that time, required that wounds must have been received in action against the enemy or, in other words, incurred in actual combat.  Executive Order 11016, dated 25 April 1962, provided more latitude with respect to award of the Purple Heart to prisoners of war, as well as the authority to award the decoration to wounded soldiers even in the absence of a formal declaration of war.  The issue as to whether this change in policy would be implemented retroactively to prisoners of war from World War I, 

World War II, and the Korean War was considered several times.  Initially it was decided that the change in policy would not be retroactively implemented.  It was concluded that it would be inappropriate for the Department of Defense to retroactively change the standards and, in effect, countermand the decisions of the past leadership.  However, as part of the National Defense Authorization Act (NDAA) of 1996 Congress authorized award of the Purple Heart to any former prisoner of war who was wounded before 25 April 1962 while held as a prisoner or war, or while being taken captive, in the same manner as a former POW who was wounded on or after that date.

15.  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.

16.  Army Regulation 600-8-22 (Military Awards) 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.  The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

17.  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.  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.  Evidence of record shows that the applicant was diagnosed as having pes planus (flat feet) bilateral on 7 June 1945 by competent medical authorities and was awarded 10 percent disability for his flat feet by VA on 3 February 1950.  However, this condition is not a result of hostile action.  Therefore he is not entitled to correction of his records to show award of the Purple Heart or correction of item 34 (Wounds Received in Action) of his WD AGO Form 53-55 to show that he was wounded in action based on this foot condition. 

3.  The applicant was awarded the POW Medal, the Army of Occupation Medal with Germany Clasp and the Meritorious Unit Commendation.  Therefore, he is entitled to correction of his records to show these awards.

4.  Evidence of record shows that the applicant was entitled to the first award of the Good Conduct Medal for the period 4 March 1944 to 18 December 1945
based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

5.  Evidence of records shows that he is entitled to the Bronze Star Medal based on award of the Combat Infantryman Badge; however, this award was not shown on WD AGO Form 53-55.  Therefore, he is entitled to correction of his records to show the Bronze Star Medal based on award of the Combat Infantryman Badge.

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 Prisoner of War (POW) Medal, the Army of Occupation Medal with Germany Clasp, the Meritorious Unit Commendation, the first award of the Good Conduct Medal for the period 4 March 1944 to 18 December 1945 and the Bronze Star Medal based on award of the Combat Infantryman Badge. 

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

BOARD VOTE:  

RVO____  JMA_____  CJP____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___RAYMOND V O’CONNOR, JR.______
		        CHAIRPERSON

INDEX

CASE ID	AR2000035616	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000511	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451218	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT/ DENY	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.  60		
3.  80		
4.  75		
5.  113		
6.  102