PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            15 August 2000                  
	DOCKET NUMBER:    AR2000037290

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas D. Howard, Jr.		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Gail J. Wire		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 that his organization of assignment be changed from the 77th Field Artillery (FA) Battalion to Battery B, 2nd Field Artillery Observation Battalion (2nd FOB)

3.  The applicant states that he was with the 77th FA Battalion only to come home.  He spent his entire time overseas during World War II with the 2nd FOB.  He says also that he was wounded in the forehead at Casino and believes he should have a Purple Heart for this wound, and he contends that he should receive the Bronze Star Medal for 544 days of consecutive combat with the 5th and 7th Army’s and II Corps.

4.  The applicant’s military records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  Information herein was derived from documents he has provided.

5.  His Enlisted Record and Report of Separation (WD AGO Form 53-55) shows that he was inducted on 10 July 1943 and served as a cook in the European Theater of Operations from January 1944 to October 1945.  He was honorably discharged at demobilization on 22 October 1945 in the grade of private first class.

6.  His awards include the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with 5 Bronze Service Stars, the World War II Honorable Service Lapel Button and the Marksman Badge with Carbine Bar.

7.  The report of separation does not show the Purple Heart or the Bronze Star Medal as an authorization award.  Block 24 (wounds received in action) of the form contains the entry “None”.

8.  Technical Manual 12-235, Preparation of Separation Forms, the procedures then in effect, provide that item 6 (organization) of the WD AGO Form 53-55 should show the last unit, or similar element of assignment, rather than the element of which the soldier was a part while moving to a separation activity.  Assignment to units for purpose of transfer from a theater to the United States is considered part of the movement to a separation activity.

9.  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 by a medical officer, and the medical treatment must have been made a matter of official record.

10.  The same regulation provides that the Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  The primary requirement for award of a decoration such as the Bronze Star Medal is that a formal recommendation be prepared and introduced into official military channels within 2 years of the act, achievement, or service to be recognized.  The sole exception to the 2-year time limit occurs when there is conclusive evidence that a formal recommendation was submitted but was lost, or through inadvertence was never acted on by proper authority.

11.  The Army of Occupation Medal (Germany) was awarded for service for      30 consecutive days at a normal post of duty while assigned to the Army of Occupation of Germany (exclusive of Berlin) between 9 May 1945 and 5 May 1955.  Service between 9 May and 8 November 1945 would be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service prior to 9 May 1945.

12.  The awards regulation also authorized the American Campaign Medal to be awarded for service in the American Theater between 7 December 1941 and       2 March 1946; and, the World War II Victory Medal for service between               7 December 1941 and 31 December 1946.

CONCLUSIONS:

1.  In accordance with the instructions for completing the organization of assignment portion of the WD AGO Form 53-55, it appears that the proper unit shown for the applicant should have been Battery B, 2nd FOP.  Therefore, it would be appropriate to reflect this unit on his separation form.

2.  Based on his period of service it is clear that the applicant is entitled to several service awards for his World War II service that are not currently reflected on his separation form, namely, the World War II Victory Medal, the American Campaign Medal and the Army of Occupation Medal (Germany).

3.  Regrettably, however, the available records contain no evidence and the applicant has provided no evidence to substantiate or justify award of the Purple Heart or the Bronze Star Medal.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that satisfies this requirement.

5.  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:

	a.  showing that the individual concerned was assigned to Battery B, 2nd FOP during his World War II service;

	b.  showing that he was awarded the World War II Victory Medal, the American Campaign Medal and the Army of Occupation Medal (Germany),

	c.  issuing a correction to his WD AGO Form 53-55 reflecting the above mentioned changes and additions; and

	d.  issuing the awards to him.

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

BOARD VOTE:  

__tdh ___  ___aao__  ____gjw_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_______Thomas D. Howard, Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2000037290	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000815	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.