PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            2 October 2001
	DOCKET NUMBER:   AR2001058094

	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	
	Ms. Karol A. Kennedy		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 that his records be corrected to reflect the correct date he was wounded and that he be issued all decorations to which he is entitled.

3.  The applicant states, in effect, that his records show that he was wounded on 1 March 1945, when in fact he was wounded on 6 April 1945.  He also states that he would like to receive all decorations to which he is entitled for his service during World War II (WWII) because all he received was the Combat Infantryman Badge (CIB).  In support of his application he submits a copy of his report of separation (WD AGO Form 53-55) and a copy of a Western Union Telegram indicating that he was wounded on 6 April 1945.

4.  The applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records.  However, the documents submitted by the applicant show that he was inducted at Camp Forrest, Tennessee on 20 July 1944 and entered active duty on 21 July 1944.

5.  He completed his training as an ammo handler and departed for the European Theater of Operations (ETO) on 1 January 1945.  He was assigned to Company D, 1st Battalion, 393rd Infantry Regiment, 99th Infantry Division and participated in the Rhineland Campaign.  He departed for the United States on 27 May 1945.  He was honorably discharged at Wakeman Convalescent Hospital, Camp Atterbury, Indiana on 15 September 1945 in the rank of private first class.  He was issued a Certificate of Disability for Discharge and his WD AGO Form 53-55 indicates that he was wounded in the foot at Wingeshausen, Germany on 1 March 1945.  He was awarded the CIB and the European-African-Middle Eastern Campaign Ribbon with one bronze service star.

6.  The telegram submitted by the applicant with his application is addressed to his wife and indicates that the applicant was slightly wounded in Germany on 6 April 1945.

7  Army Regulation 600-44, in effect at the time, provided the criteria for award of the Bronze Star Medal.  That regulation 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.
8.  Department of the Army Pamphlet 672-1 provides a by-unit listing of unit citations and campaign participation.  It provides, in pertinent part, that the 393rd Infantry Regiment was awarded the Meritorious Unit Commendation (MUC) for the period of 10 November 1944 to 10 April 1945, per General Order 40, dated 15 May 1945.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the 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.

10.  Army Regulation 600-8-22 also 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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

CONCLUSIONS:

1.  The Board finds that the evidence submitted by the applicant is sufficient to show that he was wounded on 6 April 1945 instead of 1 March 1945, as indicated on his WD AGO Form 53-55.  Accordingly, it would be in the interest of justice to correct his records to reflect the correct date.

2.  Although the applicant’s records clearly show that he was wounded in action against the enemy, there is no indication that he was ever awarded the Purple Heart for his wounds.  Accordingly, the Board finds it in the interest of justice to do so at this time.

3.  Likewise, the applicant was entitled to award of the Bronze Star Medal for meritorious service based on his award of the CIB and awards of the WWII Victory Medal and a MUC.  Accordingly, he should be issued those awards and his records should be corrected accordingly.

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 awarding the individual concerned the Purple Heart for wounds received in action against the enemy on 6 April 1945, the Bronze Star Medal for meritorious service based on his award of the CIB, the WWII Victory Medal and the MUC.

BOARD VOTE:  

__rtd____  __mkp___  ___kak__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Margaret K. Patterson___
		        CHAIRPERSON

INDEX

CASE ID	AR2001058094	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/10/02	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.  61	107.0015/PH	
3.  80	107.0034/MUC	
4.  60	107.0014/BSM	
5.  112	107.0066/WWII VIC MDL	
6.