PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                25 September 2001                       
	DOCKET NUMBER:       AR2001057126

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Lester Echols		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 item 33 (Decorations and Citations) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart and the Combat Medical Badge.

3.  The applicant states that his WD AGO Form 53-55 should show the Purple Heart and the Combat Medical Badge for injuries he sustained during combat in Normandy.  He contends that he received these injuries while removing a wounded soldier from wire entanglement.  He further contends that he laid on the wire while his buddy helped to move the wounded soldier over his body and they took the wounded soldier to medics.  In support of his application, he submits a copy of his WD AGO Form 53-55 and two VA Form 21-4142 (Authorization and Consent to Release Information to the Department of Veterans Affairs).

4.  The applicant’s military records were destroyed or lost in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that he was inducted in the Army on 28 April 1942.  He completed training as a pharmacist and served in the European-African-Middle Eastern Theater of Operations from 30 June 1944 to 27 November 1945.  The applicant was honorably discharged from active duty on 22 December 1945.

5.  The applicant’s WD AGO Form 53-55 does not show the Purple Heart or the Combat Medical Badge as authorized awards.  The Board noted that the applicant is entitled to the European-African-Middle Eastern Service Medal with three bronze service stars and the Meritorious Unit Commendation which are also not shown on his discharge document.

6.  The applicant’s WD AGO Form 53-55 does not show any entry in 
item 34 (Wounds Received in Action).  There is no evidence available to the Board that shows the applicant was awarded the Purple Heart.  There also are no medical records available to the Board which show he was wounded or treated for wounds as a result of hostile action.

7.  The applicant’s discharge document shows he served as a pharmacist and was assigned to the Medical Detachment, 707th Military Police Battalion.  There is no evidence that he served in a medical unit organic to an infantry brigade.

8.  The applicant’s WD AGO Form 53-55 shows he received credit for participation in the Normandy, Northern France, and Rhineland campaigns in item 32 (Battles and Campaigns).

9.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, unit awards authorized for units which served during World War II.  This document shows the unit to which the applicant was assigned, the 707th Military Police Battalion, was cited for award of the Meritorious Unit Commendation for actions during the period 1 May-31 October 1944 by General Orders 
Number 34, dated 17 March 1945.

10.  Army Regulation 600-8-22 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, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

11.  Army Regulation 600-8-22 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.

12.  Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation, or in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  The regulation also states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  

CONCLUSIONS:

1.  The Board considered the applicant’s contention that he received injuries during combat in Normandy; however, there is no evidence available to the Board which shows he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Therefore, there is insufficient evidence upon which to base award of the Purple Heart.

2.  The applicant’s WD AGO Form 53-55 shows he was assigned as a pharmacist in a Medical Detachment of the 707th Military Police Battalion, not a medical unit organic to an infantry brigade.  Therefore, there is no basis for correcting item 33 of his WD AGO Form 53-55 to show award of the Combat Medical Badge.

3.  Evidence of record shows that the applicant received credit for participation in three campaigns while assigned in the European-African-Middle Eastern Theater of Operations; therefore, he is entitled to correction of his records to show three bronze service stars to be affixed to his European-African-Middle Eastern Service Medal.

4.  While assigned to the 707th Military Police Battalion, the unit was cited for award of the Meritorious Unit Commendation; therefore, he is entitled to award of the Meritorious Unit Commendation and correction of his records to show this unit award.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to the individual concerned be corrected:

a.  by deleting the European-African-Middle Eastern Service Medal from item 33 of his WD AGO Form 53-55; and

b.  by showing he was awarded the European-African-Middle Eastern Service Medal with three bronze service stars and the Meritorious Unit Commendation.

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

BOARD VOTE:  

JNS____  LE______  REB_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		John N. Slone_________
		        CHAIRPERSON

INDEX

CASE ID	AR2001057126	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010925	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0113	
3.		
4.		
5.		
6.