PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            17 August 2000                  
	DOCKET NUMBER:   AR2000040885

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Linda D. Simmons		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 records to show award of the Purple Heart, the Bronze Star Medal and the Army of Occupation Medal.

3.  The applicant states, in effect, that his records should be updated to show these awards.  In support of his application, he submits copies of his WD AGO Form 53-55 (Enlisted Record and Report of Separation), his Honorable Discharge Certificate, a personal letter, a letter from the Department of Veterans Administration (DVA) and a certificate for award of the Bronze Star Medal.

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 he was inducted on 4 September 1943 and completed training as an infantryman.  He served in the European-African-Middle Eastern Theater of Operations from 19 November 1944 through 4 September 1945 and was honorably discharged on 12 January 1946.  His WD AGO Form 53-55 does not show the Purple Heart, the Bronze Star Medal or the Army of Occupation Medal as authorized awards.

5.  The applicant’s WD AGO Form 53-55, which is authenticated in his own hand, shows the entry “NONE” in item 34 (Wounds Received in Action).  There is no evidence of record available to the Board that shows the applicant was wounded or treated for wounds as a result of hostile action.

6.  The applicant submitted a personal letter, dated 1 July 1996, which states, “I was a casualty from enemy action in April 1945 in Germany”.  He also states, “I was an infantryman with the 8th Armored Division and in combat rode on the back of tanks when attacking”.  He further states, “our tank hit a land mine, the driver and assault driver were killed, the tank commander seriously wounded and the infantrymen blown off the tank”.  Also, he states, “I was deaf for a few days and when my hearing came back I thought nothing of it.” 

7.  The applicant submitted a 23 May 1996 letter from the DVA awarding service connection for hearing loss.  The applicant contends his hearing loss occurred when he was blown off a tank on 13 April 1945.

8.  The applicant’s WD AGO Form 53-55 shows award of the Combat Infantryman Badge in item 31 (Military Qualification and Date).

9.  The applicant provided an award certificate for the Bronze Star Medal for meritorious achievement in ground operations against the enemy in the European-African-Middle Eastern Theater of Operations on or about 1 March 1945.

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, the 58th Armored Infantry Battalion, received occupation credit for Germany for the period from 2 May to 4 July 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.

13.  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.

CONCLUSIONS:

1.  The Board noted the letter from the applicant and the DVA decision to award service connection for bilateral hearing loss which the applicant contends occurred in combat in April 1945.  However, absent any other corroborating evidence of record and in view of the applicant's own signature authenticating that he received no wounds in action, these documents are not sufficient as the basis for award of the Purple Heart.

2.  Evidence available to the Board shows the applicant was awarded the Combat Infantryman Badge during World War II.  In addition, the applicant provided an award certificate for the Bronze Star Medal.  Therefore, the applicant is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his WD AGO Form 53-55 to show this award.

3.  While the applicant was assigned to the 58th Armored Infantry Battalion, the unit received occupation credit for Germany.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show award of the Army of Occupation Medal with Germany Clasp.

4.  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 the individual concerned 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:  

SVW____  MHM____  LDS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Sherri V. Ward________
		        CHAIRPERSON

INDEX

CASE ID	AR2000040885	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000817 	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.		
3.		
4.		
5.		
6.