PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:                13 July 2000
	DOCKET NUMBER:       AR2000039904

	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. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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, as the wife of a deceased former service member (FSM), that her late husband’s WD AGO Form 53-33 (Enlisted Record and Report of Separation) be corrected to show that he was awarded the Purple Heart and Bronze Star.

3.  The applicant states, in effect, that the FSM was receiving VA compensation for gunshot wounds he received during World War II.  She also stated that the Purple Heart and Bronze Star were awarded; however, they are not shown on the FSM’s WD AGO Form 53-55.  In support of her application she submits a copy of the FSM’s WD AGO Form 53-55 and a copy of the FSM’s death certificate. 

4.  The FSM’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 the FSM was inducted on 25 January 1944 as a field lineman (641).  He served in the European-African-Middle Eastern Theater of Operations from 10 December 1944 to 6 June 1945 and was honorably discharged on 5 January 1946.

5.  The FSM’s WD AGO Form 53-55 shows that he was awarded the World War II Victory Medal, the American Campaign Medal, the European-African-Middle Eastern Theater Service Medal with two bronze service stars, the Good Conduct Medal and the Combat Infantryman Badge (CIB).  The FSM’s WD AGO Form 
53-55 (Enlisted Record and Report of Separation) does not show the Purple Heart or Bronze Star as authorized awards.  

6.  Item 34 (Wounds Received in Action) of the FSM’s WD AGO Form 53-55, which was authenticated in his own hand, shows the entry “None”.  There is no record that the FSM was awarded the Purple Heart.  There also is no indication that the FSM was wounded as a result of hostile action.

7.  Information from the Hospital Admission Cards Created by the Office of the Surgeon General shows that the FSM received an injury to his femur (the bone extending from the pelvis to the knee) on 15 May 1945 by a rifle bullet which resulted in 235 days of hospitalization.  The FSM was diagnosed with ankylosis (abnormal immobility and consolidation of joint).  The Hospital Admission Card 
also shows this wound was a “Non-battle injury”.

8.  The Board noted that the FSM was awarded the Combat Infantryman Badge. There is no evidence that the FSM was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge.

9.  The Board notes that the FSM is entitled to the Army of Occupation Medal with Germany Clasp which is 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 FSM was assigned, Headquarters Company, 274th Infantry Regiment, 70th Infantry Division, received occupation credit for Germany for the period from 
20 May 1945 to 18 September 1945.

11.  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.

12.  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.  Medical evidence of record shows the applicant sustained a gunshot wound which was classified by competent medical authority as a non-battle injury.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that the FSM was injured or wounded due to hostile action during World War II.  Therefore, the FSM is not entitled to the Purple Heart.

3.  Evidence of records shows that the FSM 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, the FSM is entitled to correction of his records to show the Bronze Star Medal based on award of the Combat Infantryman Badge.

4.  The FSM was eligible for award the Army of Occupation Medal with Germany Clasp.  Therefore, the FSM is entitled to correction of his records to show this award.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the FSM’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 FSM was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge and 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:  

JLP_____  MHM____  JEA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___JENNIFER L PRATER_______
		        CHAIRPERSON

INDEX

CASE ID	AR2000039904	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000713	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460105	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY/GRANT	
REVIEW AUTHORITY		
ISSUES         1.  60		
2.  113		
3.		
4.		
5.		
6.