PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 October 2001    
	DOCKET NUMBER:   AR2001059663

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Charles Gainor		Member	
	Mr. Joe R. Schroeder		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, correction of his military records to show award of the Purple Heart, the Combat Infantryman Badge, the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Distinguished Unit Citation, a Meritorious Unit Commendation and the Belgian Fourragere.

3.  The applicant states that his discharge document does not show any awards for combat.  He contends that he was wounded in the chest by incoming artillery shells in July 1944, that a medic applied a sulfur pack to the wound and he continued in battle.  He also contends that he injured his left eye when he received a concussion during combat in December 1944.  In support of his application, he submits a letter of explanation, dated 29 June 2001, which lists six enclosures.  

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant enlisted on 
10 December 1940.  He served as a platoon sergeant in the European Theater of Operations from approximately 7 April 1942 to 15 July 1943 and from approximately 26 July 1944 to 1 February 1945.  On 26 February 1945 the applicant was honorably discharged by reason of physical disability. 

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), which was authenticated in his own hand, does not show the Purple Heart, the Combat Infantryman Badge, the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Distinguished Unit Citation, a Meritorious Unit Commendation or the Belgian Fourragere as authorized awards.
   
6.  There is no evidence in the available records which shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.  Item 34 (Wounds Received in Action) on the applicant’s WD AGO Form 53-55 shows the entry “None”.

7.  120th Infantry Special Orders Number 104, dated 1 September 1944, show the applicant was awarded the Combat Infantryman Badge.   

8.  Permanent Orders 019-05, dated 19 January 2001, show the applicant was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge).

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, Company C, 120th Infantry, 30th Infantry Division, was not cited for award of the Distinguished Unit Citation or cited for the Meritorious Unit Commendation for actions during World War II.

10.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, does show that the 
120th Infantry, 30th Infantry Division, received the Belgian Fourragere for actions during 4-10 September 1944 and 17-25 January 1945 by Department of the Army General Orders Number 43, dated 1950.

11.  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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

12.  Army Regulation 600-8-22 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.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

13.  Army Regulation 600-8-22, provides, in pertinent part, that the Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months during the period of military operations against an armed enemy occurring on or after 
1 January 1944.  

14.  Army Regulation 600-8-22 provides for award of the Belgian Fourragere.  The regulation states that it may be awarded by the Belgian Government when a unit has been cited twice in the Order of the Day of the Belgian Army.  The award of the Belgian Fourragere is not automatic but must be by special decree of the Belgian Government.  Persons who were present in only one action are not authorized to wear the Fourragere.

CONCLUSIONS:

1.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action during World War II.  Therefore, the applicant is not entitled to any award of the Purple Heart.

2.  The applicant received the Combat Infantryman Badge and the Bronze Star Medal (based on award of the Combat Infantryman Badge).  Therefore, the applicant is entitled to correction of his military records to show these awards.

3.  The applicant’s unit was not cited for the Presidential Unit Citation or the Meritorious Unit Commendation while he was assigned to it.  Therefore, the applicant is not entitled to correction of his military records to show these unit awards.  

4.  During the period of the applicant’s assignment, his unit was cited for award of the Belgian Fourragere based on actions during 4-10 September 1944 and during 17-25 January 1945.  Therefore, the applicant is entitled to correction of his military records to show this foreign 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 this case be corrected by showing that the individual concerned was awarded the Combat Infantryman Badge, the Bronze Star Medal (based on award of the Combat Infantryman Badge) and the Belgian Fourragere. 

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

BOARD VOTE:  

LLS____  CG_____  JRS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Luther L. Santiful___
		        CHAIRPERSON

INDEX

CASE ID	AR2001059663	
SUFFIX		
RECON		
DATE BOARDED	20011010	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0014	
3.	107.0097	
4.	107.0000	
5.		
6.