PROCEEDINGS

	IN THE CASE OF: 

				   
	BOARD DATE:           30 August 2001                  
	DOCKET NUMBER:   AR2000048857

	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. Gerald E. Vandenberg		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Ms. Linda D. Simmons		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 reconsideration of his application to correct his records by showing that he was entitled to the Purple Heart and the Bronze Star Medal.  He also requests, in effect, that his Enlisted Record and Report of Separation (WD AGO 53-55) be corrected to show the receipt of these medals as well as the European-African-Middle Eastern Campaign Medal (EAMCM) with four bronze service stars and an Arrowhead device and the French Croix de Guerre with Palm, in addition to his other medals.  In a phone conversation with the applicant it was clarified that he was requesting one (not four) Bronze Star Medal (for heroism) on his separation document.

3.  The applicant states, in effect, that he is entitled to the Purple Heart for wounds received as a result of enemy action during the D-Day landing at Omaha Beach, Normandy, France on 6 June 1944.  He also indicates that his company commander recommended him for the Bronze Star Medal for his heroic actions on 6 and 7 June 1944.  He believes that prior administrative actions document his entitlement to several awards and decorations that are not reflected on his separation document.  He states that he has previously received the actual medals, except for the Purple Heart, but notes that they are not included on his separation document.

4.  The Memorandum of Consideration reflecting the Board’s 13 May 1992 review of the case (AC92-05759) is incorporated herein by reference as if wholly set forth.

5.  The applicant submits a copy of a document from the Demobilized Personnel Records Branch, Records Administration Center, dated 10 February 1946.  At that time the applicant reported he had been hit by rock fragments caused by a shell blast on 6 June 1944.  The 1946 review, by an Adjudication Officer, showed that on 7 June 1944 the Commander, 391st Medical Collecting Company had treated him for an injury to his left knee. 

6.  The applicant submits a personal statement from a fellow soldier who states that he witnessed the shell blast which injured the applicant’s knee and that the company commander, a medical doctor, provided care for the injury.  Two similar statements were submitted in concert with the applicant’s prior review.

7.  Also submitted is a copy of a document showing award of the French Croix de Guerre with Palm to the brigade to which his company was attached during the Normandy landing.

8.  Additionally, the applicant submits copies of three different DA Forms 1577 (Authorization for Issuance of Awards) listing his awards and decorations and a copy of a recommendation for the award of the Bronze Star Medal in the packet. These items appear to have been a matter of record at the time of his prior review; however, the Board did not address the issue of correction of the separation document at that time.  The DA Forms 1577 list that the applicant’s authorized awards and decorations as; the Bronze Star Medal with Oak Leaf Cluster, the Good Conduct Medal, the Presidential Unit Emblem, the Meritorious Unit Citation, EAMCM with four Bronze service stars and Arrowhead device, the World War II Victory Medal, the Combat Medical Badge (CMB), and the Army of Occupation Medal with Germany clasp.

9.  A copy of his company commander’s recommendation for award of the Bronze Star Medal (BSM), dated eight months after their D-Day landing, was submitted.  It describes three specific acts of heroic achievement performed by the applicant under intense artillery and mortar fire with clear disregard for his personal safety during the D-Day invasion of Omaha Beach, Normandy, France, on 6 – 7 June 1944.  The recommendation for the BSM was forwarded to the 55th Medical Battalion instead of through the 61st Medical Battalion as would have been proper.  The reason for this routing is unknown, however, reviews of records, by a member of the Army Review Boards Agency, from both of these units failed to disclose the award of the BSM.  The unit records did confirm that the applicant’s witness was a member of the applicant’s company on D-Day.

10.  The issue of the correction of his discharge document to include the additional awards and decorations was not addressed during the prior review. The staff of the Board has determined that it is in the interest of justice to refer all aspects of this case to the Board for its review.

11.  The limited evidence of record shows that while attached to 391st Medical Collecting Company the applicant was listed as a cook with secondary duties as a litter bearer.  This unit was attached to an Engineer Battalion during the Normandy invasion.  During his subsequent service with the 441st Medical Company, which was attached to the 41st Infantry Regiment, he was shown to be assigned to the medical department as a litter bearer.

12.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register shows the 391st Medical Collecting Company is credited with participation in the, Central Europe, Normandy, Northern France and Rhineland.  Both the 391st and the 441st Medical Collecting Company were credited with participation in the Ardennes-Alace and Rhineland Campaigns.   It further shows that both units received credit for occupation duty in Germany and were awarded the Meritorious Unit Citation.  The 391st was awarded the French Croix de Guerre for its actions of 6 June 1944.  

13.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth the basic authority, policy, criteria and administrative instructions concerning individual awards and decorations.  Specific paragraphs are cited below:

a.  Paragraph 1-15 authorizes the award of a decoration for which the original recommendation was lost or inadvertently not acted upon.

b.  Paragraph 2-8 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, required treatment by a medical officer, and that the medical treatment must have been made a matter of official record.

c.  Paragraph 3-13 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. 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.

d.  Paragraph 6-7 provides for a silver service star to be worn instead of five bronze service stars on a service medal and ribbon.

e.  Paragraph 6-8 provides for the “Arrowhead” to be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing. The regulation also specifies that the Arrowhead is authorized for wear on the EAMCM.

f.  Paragraph 7-13 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.

g.  Paragraph 8-7 provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy. 

h.  Chapter 9 provides for the authorization and eligibility guidelines for Army personnel to accept or wear foreign decorations.  Paragraph 9-21 specifically addresses the authorization of the French Fourragere and the Croix de Guerre.

14.  AR 15-185 governs the operation of this Board.  Paragraph 2-5 provides that no application will be considered until the applicant has exhausted all available administrative remedies.

15.  AR 600-8-22 lists the statute of limitations on the submission of recommendations for awards for World War II was 3 May 1951.  However, Section 1130, Title 10, United States Code provides that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  A DA Form 638 (Recommendation for Award) clearly identifying the unit, the period of assignment, and the award being recommended needs to be submitted separately.  A narrative of the actions or period for the requested recognition must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request, best provide corroborating evidence.  The law also requires that a request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requester.  

CONCLUSIONS:

1.  The applicant has available an administrative remedy in the issue of entitlement to the Bronze Star Medal (with “V” device) for his actions of 6–7 June 1944, therefore, the Board will not take any further action on this issue at this time.  The applicant may reapply at any time, if necessary, after his administrative remedy has been exhausted.

2.  Notwithstanding the cited DA Forms 1577 there is no available evidence that the applicant is entitled to the Presidential Unit Citation or that the award of the personal award of the Bronze Star Medal for heroism was ever accomplished.  The applicant can apply for administrative action under 10 U.S.C. Section 1130 on these items.

3.  In review of this case, it was determined that there was insufficient information available to determine if the applicant would have qualified for the CMB while serving with the 391st Medical Company.  However, he clearly would have met the qualifications while attached to the 441st Medical Company as a litter bearer.  The exact date of the applicant’s transfer is unknown.

4.  The statements of individuals are inadequate as the sole basis for an award of the Purple Heart because they do not fulfill the regulatory requirement that there be a record of medical treatment.  However, they are normally accepted as a substantiation of the combat or the enemy origin of a wound for which there is a record of treatment.

5.  Combining the personal statements from the former service members with the report from the Demobilized Personnel Records Branch which indicates that the applicant had received medical treatment for a knee injury, the Board concludes that the cumulative evidence shows that the applicant received a combat related injury on or about 6 June 1944, that this injury required treatment by a medical officer, and the medical treatment should have been a matter of official record.  Therefore, the Board concludes that the applicant is entitled to the award of the Purple Heart. 

6.  The Board affirms that the evidence of record shows that the applicant did serve as a member of the medical department in a capacity meeting the requirements for award of the CMB and based upon that award he is also entitled to award of a Bronze Star Medal.  All of his awards should be displayed on his discharge document.

7.  In addition to the campaigns already on his separation document the Army Pamphlet 672-1 indicates that both of the units to which the applicant was assigned participated in Ardennes-Alace campaign.  The evidence shows that the applicant participated in at least five campaigns with one amphibious assault landing, which entitles him to the EAMCM with one silver service star and an Arrowhead device.

8.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error and rectify an injustice.

RECOMMENDATION:

1.  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 during the assault on Omaha Beach, Normandy, France, 6 June 1944;

b.  by correcting the applicant’s separation document to show that in addition to the Central Europe, Normandy, Northern France and Rhineland campaigns he also participated in the Ardennes-Alace campaign;

c.  by awarding the applicant the EAMCM with one silver service star and Arrowhead device and,

d.  by correcting his separation document to show that he received the award of the Bronze Star Medal, the Purple Heart, the Good Conduct Medal, the Combat Medical Badge, the Army of Occupation Medal with Germany clasp, the EAMCM with one silver service star and the Arrowhead device, the Meritorious Unit Citation Badge, the World War II Victory Medal and the French Croix de Guerre with Palm.

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

BOARD VOTE:  

_RVO____  ___CJP_  __LDS__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond V. O'Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2000048857	
SUFFIX		
RECON	 	
DATE BOARDED	20010830 	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0013	
3.	107.0034	
4.	107.0065	
5.		
6.