PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           4 June 2002        
	DOCKET NUMBER:   AR2002067353

	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:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Arthur A. Omartian		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 correction of item 6 (Organization) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show his company as “Company E” instead of “Company F”; and award of a second Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster).   

3.  The applicant states, in effect, that he served in combat with Company E, not Company F, during World War II.  He also contends that he is entitled to the Purple Heart with First Oak Leaf Cluster because he sustained a second wound in November 1944 in Eastern France.  In support of his application, he submits an undated Privacy Act Form; a roster of survivors of Company E, 137th Infantry Regiment of the 35th Division; an undated letter of explanation; a copy of his WD AGO Form 53-55; and a paper titled “AMBUSH.”    

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 was inducted on 
23 July 1943.  He served as a clerk in the European Theater of Operations from 24 May 1944 through 7 March 1946 and was honorably discharged on 21 March 1946.  

5.  Item 6 (Organization) on the applicant’s WD AGO Form 53-55 shows the entry, “CO F 137TH INF REGT” [Company F, 137th Infantry Regiment].  His WD AGO Form 53-55 also shows one award of the Purple Heart for wounds received in action on 13 July 1944 in France.

6.  There is no evidence in the available records which shows the applicant was a member of Company E, 137th Infantry Regiment, during World War II.     

7.  There is no evidence in the available records which shows the applicant was wounded a second time as a result of hostile action during World War II.

8.  The applicant was awarded the Combat Infantryman Badge during his service in World War II.

9.  Department of the Army Technical Manual TM 12-235 (Discharge Procedures and Preparation of Separation Forms) established the policies and procedures for completion and distribution of the WD AGO Form 53-55 (Enlisted Record and Report of Separation) during World War II.  This regulation states the last unit, or similar element, to which an individual was assigned, rather than the element of which he was a part while moving to a separation activity, will be entered in item 6 (Organization) of the WD AGO Form 53-55.  The regulation also notes that assignment to units for the purpose of transfer from a theater to the United States is considered part of the movement to a separation activity.

10.  Army Regulation 600-8-22 (Military Awards) 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.

11.  Army Regulation 600-8-22 also 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 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.  

CONCLUSIONS:

1.  The Board considered the applicant’s contention that he served in combat with Company E, not Company F, during World War II.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was a member of Company E.  Therefore, there is no basis for granting the applicant’s request to amend the organization on his WD AGO Form 53-55. 

2.  The Board also considered the applicant’s contention that he received a second wound in November 1944 in France.  However, there is no evidence of record, and the applicant has provided no evidence, to support this contention.  

3.  The applicant signed his WD AGO Form 53-55 on 21 March 1946 attesting to the fact that he was entitled to one award of the Purple Heart for wounds sustained as a result of hostile action on 13 July 1944.  Therefore, the Board determined that there is insufficient evidence on which to base a second award of the Purple Heart in this case.

4.  The applicant received the Combat Infantryman Badge during World War II. Therefore, he is entitled to award of the Bronze Star Medal (based on award of the Combat Infantryman Badge).

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 Bronze Star Medal (based on award of the Combat Infantryman Badge).

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

BOARD VOTE:  

JLP____  AAO____  RKS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Jennifer L. Prater__________
		        CHAIRPERSON

INDEX

CASE ID	AR2002067353	
SUFFIX		
RECON		
DATE BOARDED	20020604	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.	107.0015	
3.	107.0014	
4.		
5.		
6.