PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           23 January 2001                  
	DOCKET NUMBER:   AR2000048237

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas E. O’Shaughnessy		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 correction of his discharge document to show the Cross of Military Valor awarded by the Italian Government and the Purple Heart.

3.  The applicant states, in effect, that he is entitled to these two awards and they are not reflected on his discharge document.  In support of his application, he submits documentation pertaining to his award of the Cross of Military Valor awarded by the Italian Government and a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation). 

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 
31 December 1942.  He served as a squad leader in the European Theater of Operations from 4 April 1944 through 6 January 1945 and was honorably discharged on 11 November 1945.

5.  The applicant’s WD AGO Form 53-55 does not show the Cross of Military Valor or the Purple Heart as authorized awards.

6.  The applicant provided a citation which shows he was awarded the Cross of Military Valor by the Italian Government on 5 October 1945.  He provided documentation which shows that on 13 March 1946 the Theater Commander of the Mediterranean Theater of Operations concurred in the acceptance of the Cross of Military Valor awarded by the Italian Government to the applicant.  This document was made a matter of record in the War Department on 2 May 1946.  Also, a letter dated January 1947, shows this foreign decoration was forwarded to the applicant by the Adjutant General’s Office of the War Department.        

7.  Form 52a (Medical Department Record), dated 10 February 1945, shows the applicant sustained multiple laceration wounds to his head when a building collapsed as a result of enemy shelling on 9 February 1945 in Italy.  

8.  The applicant was awarded the Combat Infantryman Badge during World War II.

9.  Army Regulation 600-45 was the military award regulation in effect at the time of the applicant’s service.  Paragraph 35 (Foreign Decorations) provided, in pertinent part, that during World War II and for 1 year thereafter, Congress authorized acceptance from the governments of cobelligerent nations, neutral nations, or the other American Republics of such decorations as may be conferred by those governments upon members of their own military forces.  Prior to acceptance, the award must be approved by the War Department or by a commander specifically designated by the War Department.  Each award of a foreign decoration must include a citation, order, certificate, or decision by the foreign government naming the person for whom the award is intended.  The Adjutant General, or the commander authorized to accept foreign decorations, will notify members of the Army of the United States of authority to receive and wear such foreign decorations.         

10.  Army Regulation 600-8-22 (Military Awards) 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.

CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded the Cross of Military Valor by the Italian Government in 1945.  Evidence of record also shows this foreign decoration was approved and accepted by the appropriate approval authorities.  Therefore, the applicant is entitled to correction of his discharge document to show this foreign decoration.   

2.  Medical evidence of record shows the applicant was wounded on 9 February 1945 as a result of hostile action during World War II.  Therefore, the applicant is entitled to correction of his discharge document to show award of the Purple Heart.

3.  The applicant was awarded the Combat Infantryman Badge during World War II.  Therefore, the applicant is entitled to correction of his discharge document to show the Bronze Star Medal (based on award of the Combat Infantryman Badge).

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 by showing that the individual concerned was awarded the Cross of Military Valor awarded by the Italian Government, the Purple Heart for wounds sustained on

9 February 1945 in Italy and the Bronze Star Medal (based on award of the Combat Infantryman Badge).

BOARD VOTE:  

LLS____  WTM____  TEO____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Luther L. Santiful_________
		        CHAIRPERSON

INDEX

CASE ID	AR2000048237	
SUFFIX		
RECON		
DATE BOARDED	20010123	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19451111	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Convenience of the Government	
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.	107.0015	
3.	107.0114	
4.		
5.		
6.