PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            24 October 2000   
	DOCKET NUMBER:   AR264-28-0645

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Margaret Patterson		Chairperson	
	Mr. Edwin s. Castle		Member	
	Mr. John T. Meixell		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 award of the Purple Heart.  He states that he was wounded in the back in France during World War II and is currently receiving VA disability for his wounds.

3.  Records available to the Board indicate the applicant entered active duty on 
19 June 1942 and arrived overseas in April 1944.  He was assigned to the 314th Infantry Regiment of the 79th Infantry Division as a rifleman.  According to an entry in his service personnel records he was "slightly wounded in action" on 
23 June 1944 near Cherbourne, France.  His wound is also confirmed in a 1 July 1944 War Department Telegram to his parents.

4.  The applicant returned to the United States in December 1945 and was honorably discharged as a result of demobilization on 15 December 1945.  His WD AGO 53-55 (Enlisted Record and Report of Separation Honorable Discharge) does not reflect entitlement to the Purple Heart and item 39 (wounds received in action) incorrectly reflects "NONE."

5.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.

6.  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 such 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.  Award of the Bronze Star Medal under these circumstances is commonly referred to as a conversion award.  The applicant's records indicate he was awarded the Combat Infantryman Badge in July 1944.

7.  A review of Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (314th Infantry Regiment) was credited with participating in five designated campaigns 

(Ardennes-Alsace, Central Europe, Normandy, Northern France, Rhineland) during the applicant’s period of assignment.  The unit was also awarded a Meritorious Unit Commendation, Distinguished Unit Citation (now known as the Presidential Unit Citation), the Army of Occupation Medal with “Germany” clasp, and the French Fourragere during his tenure with the organization.

CONCLUSIONS:

1.  The evidence confirms the applicant was wounded as a result of hostile action on 23 June 1944 near Cherbourne, France and as such is entitled to an award of the Purple Heart.  His records should be corrected accordingly.

2.  The evidence also confirms that the applicant is entitled to the Bronze Star Medal as a conversion award based on his Combat Infantryman Badge.

3.  The applicant is also entitled to five bronze service stars on his European-African-Middle Eastern Campaign Medal denoting participation in five designated campaign periods, a Meritorious Unit Commendation, Distinguished Unit Citation (now known as the Presidential Unit Citation), the Army of Occupation Medal with “Germany” clasp, and the French Fourragere.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a.  by awarding the individual concerned the Purple Heart for wounds sustained on 23 June 1944 near Cherbourne, France;

b.  by deleting the entry in item 39 (wounds received in action) on his WD AGO Form 53-55 and replacing it with the entry "23 June 1944, Cherbourne France;

c.  by awarding him the Bronze Star Medal as a conversion award based on his Combat Infantryman Badge; and

d.  by showing that he is entitled to five bronze service stars on his European-African-Middle Eastern Campaign Medal denoting participation in five 

designated campaign periods, a Meritorious Unit Commendation, Distinguished Unit Citation (now known as the Presidential Unit Citation), the Army of Occupation Medal with “Germany” clasp, and the French Fourragere.

BOARD VOTE:  

___esc__  ____jtm_  ____mp__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000043064	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001024	
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.	107.00	
2.		
3.		
4.		
5.		
6.