PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            11 May 2000
	DOCKET NUMBER:   AR2000036064

	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. Carl W. S. Chun		Director	
	Mr. Hubert S. Shaw, Jr.		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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show his date of birth as to show his height as 5 feet 8 inches instead of 5 feet 5 inches; to show his place of birth as “Norristown” instead of “Morristown”; to show right knee injury in item 34 (Wounds Received in Action); to show campaign credit for the Central European Campaign; and to show award of the Purple Heart for “wound received on April 2, 1945”.  In support of his application, the applicant submitted a handwritten list of autobiographical data, a birth certificate, a copy of his discharge document, a 17 May 1995 handwritten certification of awards signed by a retired major and a retired major general, and a typed document, dated “21 October 1945” and annotated “5-17-95”, stating the applicant is authorized certain medals, decorations and campaign credit and signed by the same retired major who signed the hand written certification of awards.  

3.  The applicant stated, in effect, that he wants his records corrected.

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 entered active duty on 22 December 1942.  He served as a motor supply noncommissioned officer in the European-African-Middle Eastern Theater of Operations from 13 December 1943 to 9 August 1945.  The applicant was honorably discharged on 23 March 1946.

5.  The applicant’s WD AGO 53-55 shows the American Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Good Conduct Medal and the World War II Victory Medal as authorized awards.  The applicant authenticated his WD AGO 53-55 in his own hand and with his right thumb print at the time of his separation from the Service.

6.  The applicant’s WD AGO Form 53-55 shows in item 10 (Date of Birth) the entry   The applicant provided a birth certificate which shows his date of birth as.  

7.  The applicant’s WD AGO Form 53-55 shows in item 15 (Height) the entry “5 5” [5 feet, 5 inches].  He contends that his height is 5 feet, 8 inches.  There is no evidence in the limited records available to the Board which shows the applicant’s height is 5 feet, 8 inches.

8.  The applicant’s WD AGO Form 53-55 shows in item 11 (Place of Birth) that he was born in Morristown, Pennsylvania.  The applicant contends that he was born in “Norristown” instead of “Morristown”.  However, the birth certificate provided by the applicant shows that he was born in Montgomery County.  The birth certificate makes no reference to the city or town where the applicant was born and there is no evidence in the records available to the Board which shows the applicant was born in “Norristown” instead of “Morristown”.

9.  The applicant contends that item 34 (Wounds Received in Action) should show that he sustained an injury to his right knee.  There is no evidence in the records available to the Board which shows that he was wounded as a result of hostile action.  The applicant’s records do contain an extract of the U.S. Army Surgeon General’s Office Hospitalization File.  This document shows that the applicant was admitted to a hospital as a non-battle casualty for “internal derangement of the knee which existed prior to entry on active military service as the result of cartilage removal.  

10.  The applicant states that he is entitled to credit for the Central Europe Campaign.  The applicant’s discharge document shows in item 32 (Battles and Campaigns) credit for the Ardennes, Normandy, Northern France and Rhineland Campaigns, but not the Central Europe Campaign.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, campaign credit during World War II.  This document shows the unit to which the applicant was assigned, the 13th Field Artillery Observation Battalion, received campaign credit for the Central Europe Campaign (22 March 1945-11 May 1945).  

11.  The applicant contends that he is entitled to the bronze arrowhead device indicating an assault landing.  His WD AGO 53-55 does not authorize show the bronze arrowhead device as authorized to be worn on his European-African-Middle Eastern Service Medal.  Department of the Army Pamphlet 672-1, also shows, among other information, assault landing credit during World War II.  This document shows that only Detachment A of the 13th Field Artillery Observation Battalion was authorized assault landing credit by War Department General Orders Number 116-46 for operations during the period 6-7 June 1944.  There is no evidence available to the Board which shows the applicant was a member of Detachment A on 6-7 June 1944 or participated in any assault landing during World War II.

12.  The applicant also contends that he is entitled to the Bronze Star Medal based on VII Corps General Order #30, dated 24 April 1945.  This decoration is not shown on the applicant’s WD AGO Form 53-55 and there are no orders available to the Board which show that he was awarded the Bronze Star Medal.  The Awards Branch of the U.S. Total Army Personnel Command was asked to conduct a search of unit records, but VII Corps General Orders Number 30, dated 24 April 1945, was not found.

13.  The applicant contends that he is entitled to the Army of Occupation Medal. Department of the Army Pamphlet 672-1, also shows, among other information, occupation credit during World War II.  This document shows the unit to which the applicant was assigned received occupation credit for Germany for the period from 2 May to 31 October 1945.

14.  The applicant contends that he is entitled to the American Defense Service Medal.  However, there is no evidence in the records available to the Board that the applicant served a period of qualifying service for this award.

15.  Army Regulation 600-8-22 (Military Awards) 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, in pertinent part, authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  

17.  Army Regulation 600-8-22 provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

18.  Army Regulation 600-8-22 provides, in pertinent part, for the “arrowhead” to be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  The regulation specifies that individual assault credit is tied directly to the combat assault credit decision for the unit to which the soldier is assigned.  The regulation requires that the unit must be credited with a combat assault in order for the soldiers to receive credit for a combat assault and the soldier must physically exit the aircraft or the watercraft as appropriate.  The regulation also specifies that the arrowhead is authorized for wear on the Asiatic-Pacific Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Korean Service Medal, the Vietnam Service Medal, and the Armed Forces Expeditionary Medal.

19.  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.

20.  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.

21.  Army regulation 600-8-22 provides, in pertinent part, for award of the American Defense Service Medal for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

CONCLUSIONS:

1.  The applicant provided a birth certificate which shows his birth date as .  Therefore, the applicant is entitled to correction of item 10 (Date of Birth) of his WD AGO Form 53-55 to show the entry .

2.  The Board noted the applicant’s contention that his height is incorrectly stated in item 15 (Height) of his WD AGO Form 53-55.  However, the applicant has provided no evidence to prove that his height was incorrectly recorded at the time of his separation from the Service.  Therefore, the applicant is not entitled to correction of item 10 of his WD AGO Form 53-55to show his height as 5 feet, 8 inches. 

3.  The Board noted the applicant’s contention that item 11 (Place of Birth) of his WD AGO Form 53-55 is incorrect.  However, there is no evidence in the applicant’s records, and the applicant has provided no evidence, to show that his place of birth is “Norristown” instead of “Morristown”.  Therefore, the applicant is not entitled to correction of item 11 of his discharge document.

4.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Therefore, the applicant is not entitled to award of the Purple Heart and is not entitled to correction of item 34 (Wounds Received in Action) of his WD AGO Form 53-55 to show that he was wounded on action on 2 April 1945.

5.  Department of the Army Pamphlet 672-1 shows the applicant’s unit received campaign credit for the Central Europe Campaign during the period of his assignment.  Therefore, he is entitled to correction of item 32 (Battles and Campaigns) to show the Central Europe Campaign

6.  Based on the applicant’s entitlement to campaign credit for the Central Europe Campaign in paragraph 5, above, he is also entitled to an additional bronze service star to be worn on his European-African-Middle Eastern Campaign Medal for a total five bronze service stars.  Award of five bronze service stars entitles the applicant to award of one silver service star to be worn on his European-African-Middle Eastern Campaign Medal.

7.  The Board noted the applicant’s contention that he is entitled to the bronze arrowhead device indicating an assault landing to be worn on his European-African-Middle Eastern Campaign Medal.  However, there is no evidence, and the applicant has provided no evidence of record, which shows that he was a member of Detachment A of the 13th Field Artillery Observation Battalion when it received assault landing credit or that he participated in any assault landing during World War II.  Therefore, he is not entitled to correction of his records to show award of the bronze arrowhead device.

8.  Records show that the applicant was a member of a unit during the period it was cited for occupation duty in Germany during the period 2 May to 31 October 1945.  Therefore, the applicant is entitled to award of Army of Occupation Medal with Germany Clasp and correction of his records to show this award.

9.  The Board noted the applicant’s contention that he was entitled to award of the American Defense Service Medal.  However, there is no evidence, and the applicant has provided no evidence, that he performed the required qualifying service during the period  this award was authorized between 8 September 1939 and 7 December 1941.  Therefore, he is not entitled to correction of his records to show this award.

10.  The Board reviewed the two documents signed by a retired Army major and a retired Army major general who certify that the applicant is entitled to the listed awards.  However, these documents are not sufficient as a basis for award of the listed awards, especially the Purple Heart and the Bronze Star Medal, because there are no General Orders authorizing those decorations and evidence of record (the applicant’s authenticated WD AGO 53-55) shows he was not entitled to these decorations.

11.  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 in item 10 of the WD AGO Form 53-55 of the individual concerned that his birth date is ;

	b.  by correcting his records to show credit for the Central Europe Campaign;

	c.  by correcting his records to show award of one silver service star to be worn on his European-African-Middle Eastern Campaign Medal; and 

	d.  by correcting his records to show award of 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:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000036064	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000511	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460323	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	DEMOBILIZATION	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.	100.00	
3.		
4.		
5.		
6.