PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:               13 June 2000
	DOCKET NUMBER:       AR2000038722

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. John H. Kern		Member	
	Ms. Barbara J. Ellis		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 the Prisoner of War (POW) Medal.

3.  The applicant states that he was captured as a POW in March 1943 at Hill #609 in Morocco and was operated on at the Gubin Hospital at Stalag 3B.  In support of his application he submits a copy of WD AGO Form 53-55.

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 entered active duty on 26 February 1942 as a rifleman (745).  He served in the European-African-Middle Eastern Theater of Operations from 12 July 1942 to 31 May 1945 and was honorably discharged on 14 October 1945.  

5.  The applicant’s WD AGO Form 53-55 shows that he was awarded the 
European-African-Middle Eastern Theater Service Medal with two bronze service stars.  His discharge document does not show the Purple Heart or the POW Medal as authorized awards.

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.  A DA Form 1577 (Authorization for Issuance of Awards), dated 26 July 1988, 
shows the Army Personnel Center in St. Louis, Missouri, determined the applicant was entitled to the POW Medal.

8.  The Board notes that he is entitled to the Combat Infantryman Badge, the Bronze Star Medal based on award of the Combat Infantryman Badge, the World War II Victory Medal and the first award of the Good Conduct Medal for the period 26 February 1942 through 14 October 1945 which are not shown on his discharge document.

9.  There is no indication in the available records to show he was awarded the Combat Infantryman Badge.  Records show the applicant served as a rifleman (745) in Company E, 16th Infantry Regiment in the European-African Middle Eastern Theater of Operations.

10.  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 and his discharge document does not show any lost time.

11.  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.

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.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size. 

14.  The Awards Branch, Total Army Personnel Command, has advised in similar cases that, during World War II, the Combat Infantryman Badge was normally awarded only to enlisted individuals who served in the following positions:

    a.  Light machine gunner (604)
    b.  Heavy machine gunner (605)
    c.  Platoon sergeant (651)
    d.  Squad leader (653)
    e.  Rifleman (745)
    f.  Automatic rifleman (746)
    g.  Heavy weapons NCO (812)
    h.  Gun crewman (864)

15.  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.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

17.  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.  
Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

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 or while he was a POW.  Therefore, he is not entitled to the Purple Heart.

2.  The applicant was awarded the POW Medal.  Therefore, he is entitled to correction of his records to show this award.

3.  Evidence of record shows that the applicant served as a rifleman (745) in an infantry company while serving in the European-African-Middle Eastern Theater of Operations.  Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his records to show award of the Combat Infantryman Badge.

4.  Based on award of the Combat Infantryman Badge during World War ll, the applicant is entitled to award of the Bronze Star Medal.  Therefore, he is entitled to correction of his records to show the award of the Bronze Star Medal based on award of the Combat Infantryman Badge.

5.  Based on his service in World War II, the applicant was eligible for award of the World War II Victory Medal; therefore, he is entitled to correction of his records to show this award.

6.  Evidence of record shows that the applicant was entitled to the first award of the Good Conduct Medal for the period 26 February 1942 through 25 February 1945 based on completion of three years of qualifying service.  Therefore, he is entitled to correction of his records to show this award.

7.  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 Medal, the Combat Infantryman Badge, the Bronze Star Medal based on award of the Combat Infantryman Badge, the World War II Victory Medal and
the first award of the Good Conduct Medal for the period 26 February 1942 through 25 February 1945.

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

BOARD VOTE:  

EB______  JHK____  BJE_____  GRANT AS STATED IN RECOMMENDTION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

					___ELIZABETH BUCHANON_______
						CHAIRPERSON

INDEX

CASE ID	AR2000038722	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000613	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451014	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT/ DENY	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.  60		
3.  157		
4.  102		
5.  112		
6.  107