MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 September 2000
	DOCKET NUMBER:   AR2000042381

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Elzey J. Arledge, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Correction of his rank and awards.

APPLICANT STATES:  Through a letter from his son, that his rank should be “1st SGT” (First Sergeant).  This undated letter also states that the applicant was also recommended for the Medal of Honor and the Silver Star.  Further, the letter states that the applicant is entitled to three to five bronze stars, one or two unit citations for the 142d Infantry Regiment of the 36th Infantry Division, the Combat Infantryman Badge with a star, the Victory Medal (correctly known as the World War II Victory medal), the European Campaign medal (correctly known as the European-African-Middle Eastern Campaign Medal), and the “Purple Heart cluster” which is correctly known as the Purple Heart (First Oak leaf Cluster).  

In support of his application, the applicant submitted an AGO Form 0528 (Transcript from Enlisted Record); a certificate of service, dated 29 January 1996; an undated letter which addresses the applicant as “1st Sgt”; a page from a diary showing the applicant’s grade as “Cpl” [corporal], four pictures for which the applicant posed, and a 5 May 1997 request for assistance to a Member of Congress in which the applicant contends that he was an “OSS (now CIA) officer in WWII” and that he was a First Sergeant and a temporary major, but his records do not show this.

EVIDENCE OF RECORD:  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 that he was inducted on 8 June 1943 and completed training as an infantryman.  He served in the European-African-Middle Eastern Theater of Operations 4 December 1943 through 1 June 1944.  The applicant was honorably discharged on 14 October 1944.

The records available to the Board contain one reproduced page of the applicant’s enlisted record which was authenticated in his own hand and with his right thumb print and which was issued on 14 October 1944, the date of the applicant’s discharge.  This record shows the applicant’s grade as “Private” and states that he never served as a noncommissioned officer.  This record also shows the applicant was entitled to the European-African-Middle Eastern Campaign Medal with one bronze service star based on participation in one campaign, the Good Conduct Ribbon and the Combat Infantryman Badge.

The applicant submitted a copy of a Transcript of Enlisted Record which shows his grade at the time of discharge was “Pvt” [private].  Item 36 (Highest Grade Held) of this form shows the entry “1st. Sgt.”; however, this entry and the entries in date and place of birth appear to have been altered with a different typewriter.  The applicant’s medical records for the period July 1944 through October 1944 show the applicant’s rank as “Pvt” [private] which is the same rank shown on his discharge document.
The Transcript of Enlisted Record also shows the applicant was authorized the Combat Infantryman Badge and was awarded the Bronze Star Medal, the Purple Heart, the European-African-Middle Eastern Campaign Medal with three bronze service stars (based on participation in the Naples- Foggia, the Anzio, and Rome-Arno Campaigns) and the World War II Victory Medal.

The applicant’s son states in a letter that his father was recommended for award of the Medal of Honor.  There is no evidence in the available records that the applicant was recommended for or was awarded the Medal of Honor.

The applicant’s son states in a letter that his father was recommended for award of the Silver Star.  There is no evidence in the available records that the applicant was recommended for or was awarded the Silver Star.

The applicant’s son states in a letter that his father is entitled to “3,4 or 5” Bronze Stars.  The applicant’s Transcript of Enlisted Record shows that he was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge.  There is no evidence that the applicant received any additional awards of the Bronze Star Medal.

The applicant’s son states in a letter that his father’s unit received one or two unit citations.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, unit awards authorized for units which served during World War II.  This document shows the unit to which the applicant was assigned (Company L, 142d Infantry Regiment of the 36th Infantry Division) was not awarded any unit citations during the period of the applicant’s assignment.

The applicant’s son states in a letter that his father should have received the Combat Infantryman Badge with a star “because he was in three campaigns”,  The applicant’s Transcript of Enlisted Record shows award of the Combat Infantryman Badge without a star. 

The applicant’s son states in a letter that his father should have received the World War II Victory Medal.  This award is shown on the applicant’s Transcript of Enlisted Record.

The applicant’s son states in a letter that his father should have received the European-African-Middle Eastern Campaign Medal.  The applicant’s Enlisted Record and Transcript of Enlisted Record both show that the applicant received the European-African-Middle Eastern Campaign Medal.

The applicant’s son states in a letter that his father should have received “Purple Heart cluster”.  The applicant’s Transcript of Enlisted Record shows that he was wounded in action on 6 February 1944 and that he was awarded the Purple Heart.  There is no evidence that the applicant was wounded as a result of hostile action a second time or was otherwise entitled to a second award of the Purple Heart.

The applicant contends that he was an officer in the Office of Special Services (OSS).  The applicant’s records do not show service in OSS and the applicant was advised by the Director of the National Personnel Records Center on 3 September 1997 that any records pertaining to service in the OSS were available in the National Archives at College Park, Maryland.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Medal of Honor.  The Medal of Honor is awarded by the President in the name of Congress to a person who while a member of the Army distinguishes himself or herself conspicuously by gallantry and intrepidity at the risk of his or her life above and beyond the call of duty while engaged in an action against an enemy of the United States.  The regulation provides that the deed performed must have been one of personal bravery or self sacrifice so conspicuous as to clearly distinguish the individual above his comrades and must have involved the risk of life.  Further, the regulation requires that “incontestable proof” of the performance of the service will be exacted and each recommendation for this decoration will be considered on the standard of extraordinary merit.

Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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.

Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.
Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  A star is placed between the silver wreath on the Combat Infantryman Badge to denote a second award of this badge.  The regulation also states:  “To date, a separate award of the CIB has been authorized for qualified soldiers in any of three conflicts:  World War II (7 December 1941 to 3 September 1945), the Korean Conflict (27 June 1950 to 27 July 1953), and the Vietnam Conflict.  Service in the Republic of Vietnam conflict (after 1 March 1961) combined with qualifying service in Laos (19 April 1961 to 6 October 1962), the Dominican Republic (28 April 1965 to 1 September 1966), Korea on the DMZ (after 4 January 1969), Grenada (23 October to 23 November 1983), Panama (20 December 1989 to 31 January 1990), and the Persian Gulf War (17 January to 11 April 1991) is recognized by one award only regardless of whether a soldier had served one or multiple tours in any or all or these areas.”

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.

Army Regulation 600-8-22, in pertinent part, authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  

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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant’s enlisted record, which was prepared at the time of his separation and was authenticated in the applicant’s own hand, shows his rank as private.  The Board noted the letter addressed to the applicant as “1st Sgt”; however, there is no evidence of record or orders which show that the applicant ever attained the rank of First Sergeant or served as a commissioned officer.  Therefore, there is no basis to amend the applicant's rank of “Pvt” [private] as currently shown on his discharge document and his Transcript of Enlisted Record. 

2.  There is no evidence, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Medal of Honor.  Therefore, he is not entitled to correction of his records to show this decoration.

3.  There is no evidence, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Silver Star.  Therefore, he is not entitled to correction of his records to show this decoration.

4.  The applicant was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge and this decoration is correctly shown on his Transcript of Enlisted Record.  There is no evidence the applicant is entitled to any additional awards of the Bronze Star Medal; therefore, his Transcript of Enlisted Record is correct as currently constituted with regard to award of the Bronze Star Medal.

5.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows that the unit to which the applicant was assigned was not cited for any unit awards during the period of the applicant’s assignment.  Therefore, he is not entitled to correction of his records to show authorization for award and permanent wear of any unit citations.

6.  The applicant was awarded the Combat Infantryman Badge during World War II.  Regulations in effect at the time and currently in effect permit only one award of the Combat Infantryman Badge during World War II service.  Therefore, the applicant is not entitled to the Combat Infantryman Badge with a star.

7.  The applicant’s Transcript of Enlisted Record correctly shows that he was awarded the European-African-Middle Eastern Campaign Medal with three bronze service stars.  Therefore, his record is correct as currently constituted with respect to award of the European-African-Middle Eastern Campaign Medal.

8.  The applicant’s Transcript of Enlisted Record correctly shows one award of the Purple Heart for wounds sustained on 6 February 1944.  There is no evidence that the applicant was wounded as a result of hostile action a second time during World War II.  Therefore, the applicant is not entitled to correction of his records to show a second award of the Purple Heart, correctly known as the Purple Heart First Oak Leaf Cluster. 

9.  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 would satisfy this requirement.

10.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__MKP__  __EJA___  __RJO___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000042381	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000914	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19441014	
DISCHARGE AUTHORITY	AR 615-360	
DISCHARGE REASON	CERTIFICATE OF DISABILITY	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR CHUN	
ISSUES         1.	107.000	
2.	100.000	
3.		
4.		
5.		
6.