PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            26 October 2000
	DOCKET NUMBER:   AR2000041394

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Ms. Melinda M. Darby		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. William D. Powers		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, that he be awarded the Purple Heart (PH) and any other awards he earned during his World War II service.

3.  The applicant states, in effect, that at the time of his discharge he never received the PH or other awards he was entitled to.  He earned this PH when he was wounded in action on 31 July 1944, during the engagement that resulted in his being taken a Prisoner of War (POW) by the Germans.  He claims he was told his awards would be mailed to him and he was just glad to be getting out and wanted to go home so he never pressed the awards issue at the time of his discharge.  He also comments that after awhile he just forgot about the awards, however, he is getting old now and would like the medals he earned so that he can pass them on to his children. 

4.  The applicant is represented by counsel who states, in effect, that that his documentation verifies that he was declared missing in action and became a POW during his World War II service.  In addition, on 1 April 1946, he was granted a disability rating from the Veterans Administration (VA) for a service connected disability.  This disability was codified as being the result of a gun shot wound to the left hand, which supports the applicant’s PH contention. Finally, counsel comments that given the record it is clear that the applicant’s request is well grounded and requests that this Board grant the requested relief.

5.  The applicant’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost in that fire.  

6.  The evidence or record does include a War Department (WD) Adjutant General Office (AGO) Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge).  This document verifies that he was inducted into the Army of the United States (AUS) on 24 September 1943 and that his branch of service was Infantry.  It also confirms that he served on active duty until being honorably discharged, in the rank of Private First Class (PFC), on 20 October 1945. 

7.  The WD AGO Form 53-55 also indicates that the applicant arrived for duty in the European Theater of Operations (ETO) on 3 April 1944 and that he served there in the Infantry, as a Light Machine Gunner, until 23 May 1945.  In addition, it shows that he participated in the Normandy and Northern France campaigns of World War II and that during his active duty tenure he earned the Good Conduct Medal and the European African Middle-Eastern Ribbon, with two bronze service stars denoting his campaign participation.

8.  In support of his application, the applicant has provided three Western Union telegrams.  The first, dated 11 September 1944, confirms that on 31 July 1944, while serving in France, he was declared missing in action.  The second, dated 
6 November 1944, verifies that he was taken Prisoner of War (POW) by the German government and the third, dated 27 May 1945, indicates that he was returned to military control on 4 May 1945.  

9.  The applicant also provided a Veterans Administration (VA) Form 21-6796 (Rating Decision), dated 14 March 1983.  This document verifies that he was originally evaluated by the VA on 1 April 1946, at which time is was determined that he had a service connected disability as a result of his having received a gun shot wound to the left hand.  The 1946 evaluation by the VA resulted in a 0% disability rating; however, he was reevaluated by the VA in 1983 which resulted in his disability rating being increased to 10%.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 2-8 (Purple Heart) contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded in the name of the President of the United States to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, who has been wounded or killed in action.  

11.  The regulation defines a wound as an injury to any part of the body from an outside force or agent sustained under the conditions defined by this regulation.  In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.  

12.  Paragraph 2-9 prescribes the policy for awarding the POW Medal.  It states, in pertinent part, that the POW Medal is authorized by Public Law 99-145, section 1128, title 10, United States Code (10 USC 1128), 8 November 1985, and is authorized for any person who, while serving in any capacity with the U.S. Armed Forces, was taken prisoner and held captive after 5 April 1917.  

13.  Paragraph 3-13 contains guidance on awarding the BSM and states that the BSM is awarded to members who served in any capacity in the AUS after 
6 December 1941 and distinguished themselves by heroic or meritorious achievement or service in connection with military operations against an armed enemy.  

14.  Paragraph 3-13 d (2) states, in pertinent part, that the BSM should be awarded to any member of the AUS who, after 6 December 1941, had been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945.  For this purpose, an award of the CIB is considered as a citation in orders.  

15.  Paragraph 5-11 contains the policy pertaining to the award of the World War II Victory Medal.  It states, in pertinent part, that the World War II Victory Medal was established by the act of Congress 6 July 1945 and is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. 

16.  Paragraph 8-6 of the awards regulation contains guidance on awarding the CIB.  It states, in effect, that in order to earn the CIB a soldier must hold an Infantry MOS and be assigned to an infantry unit of brigade, regimental, or smaller size during a period when the unit was engaged in active ground combat. In addition, to be a recipient a member must have been personally present and under hostile fire when the unit actively engaged in ground combat with the enemy.  Chapter 5 contains guidance on awarding Service Medals and Service Ribbons.  

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he did not receive the PH to which he was entitled and other awards he earned during his World War II service.  After carefully examining the available evidence the Board finds that  this claim has merit and that relief is warranted in this case.  

2.  The evidence of record clearly shows that the applicant was taken as a POW on 31 July 1944 and remained interned until his return to military control on 
4 May 1945.  Therefore, the Board finds that the applicant is entitled to receive the POW Medal and that it would be appropriate, in the interest of justice, to provide him the award at this time.  

3.  The regulation states, in order to support awarding a member the PH, that it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.  The Board finds that the VA Form 21-6796 (Rating Decision), dated 14 March 1983, sufficiently satisfies the burden of proof mandated by this regulation.

4.  The medical evidence documented in the VA Form 21-6769 is consistent with the applicant’s claim that he was wounded in action during the engagement with the enemy that resulted in his being taken a POW.  Therefore, the Board finds it is reasonable to conclude that he was in fact wounded while engaged in an action against an enemy force, on 31 July 1944, which would entitle him to be awarded the PH.  Therefore, the Board concludes that it would be appropriate to provide the applicant the PH at this time.  

5.  During the review of this case, the Board also determined that the applicant meets the prerequisites of the regulation necessary to receive both the CIB and BSM.  His CIB entitlement is clearly established by the fact that on 31 July 1944 he was taken as a POW while serving with his unit as an Infantryman during an engagement with a hostile enemy force in France.  

6.  The applicant’s CIB entitlement satisfies the regulatory prerequisites necessary for the award of the BSM by confirming that he distinguished himself by heroic or meritorious achievement or service in connection with military operations against an armed enemy during a period between 3 April 1944 and 
23 May 1945.

7.  In addition, although he was separated prior to the implementation date of the award, the applicant meets the criteria and prerequisites necessary to receive the World War II Victory Medal.  His entitlement to this award is based on his World War II service from 24 September 1943 to 20 October 1945.  

8.  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.  awarding the individual concerned the POW Medal based on his being held as a POW by the German government from 31 July 1944 to 4 May 1945; 

b.  awarding the individual concerned the PH for wounds he received in action, on 31 July 1944, while serving, as a Private First Class, in France during World War II;

c.  awarding the individual concerned the CIB for his World War II service as an Infantryman based on his being personally present and under hostile fire when his unit actively engaged in ground combat with the enemy on 31 July 1944; 
d.  awarding the individual concerned the BSM based on his having distinguished himself by meritorious service in connection with military operations against an armed enemy, in the ETO during World War II, between 3 April 1944 and 23 May 1945; and 

e.  by awarding the individual concerned the World War II Victory Medal for his service between 24 September 1943 and 20 October 1945.  

2.  That the individual concerned be provided a corrected separation document that codifies the corrections outline in the preceding paragraph. 

BOARD VOTE:  

___mmd_  __ao____  __wdp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Melinda M. Darby____
		        CHAIRPERSON

INDEX

CASE ID	AR2000041394	
SUFFIX		
RECON		
DATE BOARDED	2000/10/26	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1945/10/20	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	Demobilization	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  60	107.0014	
2.  61	107.0015	
3.  112	107.0066	
4.  157	107.0111	
5.		
6.