PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            7 August 2001
	DOCKET NUMBER:   AR2001055834

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas B. Redfern, III		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 that his records be corrected to show his award of the Purple Heart.

3.  The applicant states that he was awarded the Purple Heart for a head injury he suffered on 1 March 1945; however, it was never entered on his report of separation (WD AGO Form 53-55).  He further states that he was awarded the medal on the date of his discharge by a Major Rodgers.  In support of his application he submits a copy of medical documents showing that he received a mild concussion from shrapnel on 1 March 1945 and was treated at the aid station.  He also submits a copy of his WD AGO Form 53-55.

4.  The applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis.  However, information contained in the documents provided by the applicant as well as reconstructed records show that he was inducted on 22 January 1942.  He departed for the European-African-Middle Eastern Theater (EAMET) on 22 January 1945 and participated in the Rhineland and Central Europe Campaigns with the 311th Infantry. 

5.  He was promoted to the rank of sergeant, was awarded the Combat Infantryman Badge (CIB) and was wounded on 1 March 1945. He departed the EAMET on 15 November 1945 and was honorably discharged at Fort Leavenworth, Kansas on 29 November 1945.  His WD AGO Form 53-55 shows that he was wounded, but shows no indication of his award of the Purple Heart.  It also shows that he was awarded the Good Conduct Medal and the CIB. 

6.  In 1984 the Army Reserve Component Personnel Administration Center (RCPAC) directed that the applicant be issued the Bronze Star Medal based on his award of the CIB.  However, there is no indication that his records were ever corrected to reflect that award. 

7.  Army Regulation 600-8-22 serves as the authority for decorations and awards.  It provides, in pertinent part, that the World War II (WW II) Victory Medal was established by the act of Congress 6 July 1945 (59 Stat 461).  It was awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. 

8.  Army Regulation 600-8-22 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 (CIB) 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.

9.  Army Regulation 600-8-22 also states, in pertinent part, that the Army of Occupation Medal (Germany) is awarded for service for 30 consecutive days at a normal post of duty while assigned to the Army of Occupation of Germany (exclusive of Berlin) between 9 May 1945 and 5 May 1955. 

10.  Department of the Army Pamphlet 672-1 serves as a unit citation and campaign participation register.  It states, in pertinent part, that the 311 Infantry was awarded occupation status for Germany for the period of 20 May to 31 October 1945.

11.  Army Regulation 600-8-22 also states that the European-African-Middle Eastern (EAME) Campaign Medal is awarded for service in the EAMET between 7 December 1941 and 8 November 1945.  One bronze service star is awarded for each campaign participation.

CONCLUSIONS:

1.  The available evidence of record clearly shows that the applicant sustained a wound on 1 March 1945 in the EAMET that was treated by medical personnel and that qualified for award of the Purple Heart.  Inasmuch as the applicant claims that he was awarded the Purple Heart that he was entitled to receive; it is reasonable to presume that an administrative error resulted in the applicant’s records being prepared without it being reflected at the time of separation.  Therefore, it would be in the interest of justice to correct the error at this time.

2.  Although the authorization to award members the WWII Victory Medal was not enacted until after the applicant separated from the service, he nevertheless should have received the award based on his having served during WWII.  Therefore, it would also be in the interest of justice to correct the administrative oversight at this time.

3.  Inasmuch as the RCPAC has previously authorized the award of the Bronze Star Medal, it would be appropriate at this time to add the award to his records. 

4.  The applicant also qualifies for award of the EAME Campaign Medal with two bronze service stars and the Army of Occupation Medal (Germany).  Accordingly, it would also be in the interest of justice to award those medals at this time as well.

5.  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:

a.  by awarding the individual concerned the World War II Victory Medal, the EAME Campaign Medal with two bronze service stars and the Army Occupation Medal (Germany); and  

	b.  by showing that he was awarded the Purple Heart, the Bronze Star Medal, the World War II Victory Medal, the Army Occupation Medal (Germany) and the EAME Campaign Medal with two bronze service stars on his report of separation.

BOARD VOTE:  

___tbr___  _mkp ___  ___rks __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Margaret K. Patterson___
		        CHAIRPERSON

INDEX

CASE ID	AR2001055834	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/07	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.  60	107.0014/BSM	
3.  61	107.0015/PH	
4.  111	107.0065/EAME	
5.  112	107.0066/WWII VIC MDL	
6.  113	107.0067/AOM