PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 November 2000                   
	DOCKET NUMBER:   AR2000046215

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. William D. Barr		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 that his records be corrected to show he was awarded the Bronze Star Medal (BSM) with “V” device and the Purple Heart.

3.  The applicant states that he was wounded on the right index finger during the Battle of the Bulge.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information contained herein was obtained from alternate sources.

5.  The applicant was inducted and entered active service on 14 October 1942.  He arrived in the European Theater of Operations on 22 February 1944.  On an unknown date he was assigned to the 119th Infantry Regiment.  An extract of General Order 96, Headquarters, 30th Infantry Division dated 5 May 1945 shows that the 1st Battalion, 119th Infantry Regiment was awarded Battle Honors for outstanding performance of duty in action against the enemy from 19 through   21 December 1944 in Belgium.  A citation from Headquarters, 30th Infantry Division shows the applicant was awarded the BSM for heroic achievement in action on 28 November 1944.

6.  The applicant departed the European Theater of Operations on 12 August 1945 and separated on 11 October 1945.  His Enlisted Record and Report of Separation, WD AGO Form 53-55, shows that he was awarded the Combat Infantryman Badge, the Army Good Conduct Medal, the Distinguished Unit Badge, the European-African-Middle Eastern Service Medal with five bronze service stars, and the Lapel Button.

7.  On 16 August 2000, the National Personnel Records Center authorized the issuance of, in addition to those medals listed on his WD AGO Form 53-55, the BSM with one bronze oak leaf cluster and the BSM with “V” device, the American Campaign Medal, the World War II Victory Medal, the Army of Occupation Medal with Germany clasp, and the Belgian Fourragere to the applicant.  

8.  Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  It states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  It also provides for the award of the BSM to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.
CONCLUSIONS:

1.  The evidence shows that the applicant was awarded or entitled to award of the BSM and the BSM with “V” device, the American Campaign Medal, the World War II Victory Medal, the Army of Occupation Medal with Germany clasp, and the Belgian Fourragere.  

2.  There is no evidence of record, and the applicant provides none, to show that he was wounded in action and therefore entitled to award of the Purple Heart.  Such evidence would include his service medical records, his report of separation physical examination, VA records (especially those contemporaneous with his discharge in 1945), or possibly statements from witnesses if determined to be sufficiently corroborating.

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

RECOMMENDATION:

1.  That the applicant’s WD AGO Form 53-55 be amended to show he was awarded two awards of the Bronze Star Medal, one with “V” device; the American Campaign Medal; the World War II Victory Medal; the Army of Occupation Medal with Germany clasp; and the Belgian Fourragere. 

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

BOARD VOTE:  

__tsk___  __fne___  __wdb___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000046215	
SUFFIX		
RECON		
DATE BOARDED	20001102	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.04	
2.	107.0015	
3.		
4.		
5.		
6.