PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            19 September 2000
	DOCKET NUMBER:   AR2000046146

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Mr. John P Infante		Member	
	Ms. Regan K. Smith		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.

3.  The applicant states that he sustained shrapnel wounds to the right foot and burns.  He states that he was never issued the Purple Heart, but contends that he deserves this decoration.  He also states that he was burned in Luxembourg during the Battle of the Bulge.

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 7 October 1943.  He completed training as an infantryman and served in the European Theater of Operations from 14 April 1944 to 2 July 1945.  The applicant was honorably discharged on 4 November 1945.

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), which is authenticated in the applicant’s own hand at the time of his separation, does not show the Purple Heart as an authorized award.  There also is no entry in item 34 (Wounds Received in Action).  Hospital admission records from the Office of the Surgeon General of the Army do not show the applicant was hospitalized for shrapnel wounds or for burns.

6.  The applicant’s WD AGO Form 53-55 shows in item 31 (Military Qualification and Date) that he was awarded the Combat Infantryman Badge.  However, there is no indication that he was awarded the Bronze Star Medal.

7.  The Board also noted that the applicant was eligible for award of the Distinguished Unit Citation (now known as the Presidential Unit Citation), Army of Occupation Medal with Germany Clasp and the World War II Victory Medal which are not shown on his discharge documents.

8.  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.

9.  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 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 the Combat Infantryman Badge.

10.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, units awards authorized for units which served during World War II.  This document shows the unit to which the applicant was assigned, the 8th Infantry Regiment, received the Distinguished Unit Citation for actions during the period 6 to 9 June 1944 based on War Department General Order 76-44 and was cited for award of the Belgian Fourragere based on Department of the Army General Orders 43-50.

11.  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 8th Infantry Regiment, received occupation credit for Germany for the period from 2 May to 21 June 1945.

12.  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.

13.  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.

CONCLUSIONS:

1.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Therefore, the applicant is not entitled to award of the Purple Heart.

2.  The applicant was awarded the Combat Infantryman Badge during World War II; therefore, he is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge and correction of his records to show this badge.

3.  The applicant was a member of a unit when it was cited for award of the Distinguished Unit Citation and the Belgian Fourragere; therefore, he is entitled to correction of his records to show that he was awarded the Distinguished Unit Citation and the Belgian Fourragere.

4. Evidence of record shows the applicant completed qualifying service in Germany for award of the Army of Occupation Medal with Germany Clasp; therefore, he is entitled to correction of his records to show this award.

5.  Based on the applicant’s service during World War II, he is entitled to the World War II Victory Medal and correction of his records to show this award.

6.  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, the Distinguished Unit Citation, the Belgian Fourragere, the Army of Occupation Medal with Germany Clasp, and the World War II Victory Medal.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__RKS___  __HOF__  __JPI___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Hubert O. Fry, Jr._________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000046146	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000919	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451104	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	DEMOBILIZATION	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.000	
2.		
3.		
4.		
5.		
6.