PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            1 March 2001
	DOCKET NUMBER:   AR2000049100

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Richard T. Dunbar		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, in effect, that his rank be changed from private first class (PFC) to technician five (T-5).

3.  The applicant states, in effect, that he never received notice of his T-5 rating.  He claims that when the 76th Division was disbanded he was interviewed by his captain, who advised him that according to his records he should be a 
T-5 and that he would be put in for that promotion.  Shortly after this interview he was reassigned to Walter Reed Hospital and later to other units where he was assigned as a driver of jeeps and 2 ½ ton trucks.  He indicates that he drove vehicles in the 76th Infantry Division for over two years and feels bad when asked why he never achieved a T-5 rating. 

4.  The applicant’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost in that fire.  However, there is a report of separation (WD AGO Form 53-55) available in the reconstructed records. 

5.  The WD AGO Form 53-55 shows that he served in the European Theater of Operations (ETO) from 4 December 1944 to 27 December 1945 and confirms his participation in the Rhineland, Ardennes and Central Europe campaigns of World War II.  It also verifies that during his tenure in service he received the following awards and decorations:  Combat Infantryman Badge (CIB); Army Good Conduct Medal (AGCM), Bronze Star Medal (BSM), European-African-Middle Eastern Service Medal, World War II Victory Medal, and American Campaign Medal.  

6.  In addition, block 34 (Wounds Received in Action) of the WD AGO 53-55 verifies that the applicant was wounded in the ETO in May 1945 and that he was separated, under the provisions of Army Regulation 615-361, by reason of Certificate of Disability, after completing a total of 3 years, 1 month, and 19 days of active military service.  At the time of his discharge the applicant held the rank of PFC and there is no indication in the separation document that he ever held or served in a higher rank while on active duty. 

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the Purple Heart (PH).  It states, in pertinent part, that the PH is awarded to any member of an Armed Force who, while serving in any capacity with one of the Armed Services after 5 April 1917, has been wounded or killed in action.  

8.  The regulation defines a wound as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation.  It also specifically states that in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.  

9.  Chapter 3 of the awards regulation provides procedures and guidance pertaining to individual military decorations.  Paragraph 3-13 outlines the criteria for the award of the BSM.  It states, in pertinent part, that the BSM is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service in connection with military operations against an armed enemy.  

10.  Paragraph 3-13d (2) states, in effect, that the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement was otherwise confirmed by documents executed prior to 1 July 1947.  This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders. 

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he should have been promoted to the rank of T-5.  However, there is no available evidence that supports this claim.  The WD AGO Form 53-55 contains no indication that the applicant ever held or served in the rank of T-5 while on active duty and lacking any independent evidence from the applicant that proves his claim of entitlement to this rank, the Board is compelled to deny the requested relief. 

2.  However, during its review of this case, the Board did find evidence that suggests the applicant is entitled to the PH.  Block 34 of the WD AGO Form 
53-55, issued to the applicant on the date of his separation and authenticated by proper authority, confirms that in May 1945 he was wounded in action, in the ETO.  Notwithstanding his failure to address his PH entitlement in his application, the Board finds it would be proper, as a matter of equity and justice,  to address this award entitlement issue at this time.  

3.  By regulation, to award the PH it is necessary to establish that the wound for which the award is being made was treated by medical personnel and this treatment must have been made a matter of official record. 

4.  In the opinion of the Board, in lieu of official service and medical records, block 34 of the applicant’s WD AGO Form 53-55 more than sufficiently meets this regulatory burden of proof.  Therefore, the Board concludes the applicant should be awarded the PH and his separation document should be corrected to reflect this change. 

5.  Further, Army awards policy authorizes the award of the BSM for members of the Armed Forces of the United States who, after 6 December 1941, have been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy during World War II.  The regulation also specifies that the CIB is considered a citation in orders for this purpose.  Thus, the Board finds the applicant meets this regulatory criteria and is entitled to receive BSM 
1st Oak Leaf Cluster.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the PH for wounds he received in action, in May 1945, while serving as a PFC in the ETO during World War II; by awarding him BSM 1st Oak Leaf Cluster for meritorious service, between 
from 4 December 1944 to 27 December 1945, based on his exemplary conduct in ground combat against an armed enemy during World War II; and by issuing him a corrected separation document that reflects these changes. 

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

BOARD VOTE:  

__jhk  ___  __clg ___  __rtd  ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______John H. Kern______
		        CHAIRPERSON

INDEX

CASE ID	AR2000049100	
SUFFIX		
RECON		
DATE BOARDED	2001/03/01	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1946/08/12	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	Certificate of Disability	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  813	144.9213	
2.  61	107.0015	
3.		
4.		
5.		
6.