PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           5 November 2002                   
	DOCKET NUMBER:   AR2002074008

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. Eric N. Andersen		Member	
	Mr. John T. Meixell		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 late father, the former service member (FSM), be awarded the Purple Heart.

3.  The applicant states that the FSM was awarded the Bronze Star Medal for achievement in combat and the award citation shows that he was “stunned and wounded by Artillery fragments.”

4.  In support of his request, the applicant submits a copy of the FSM’s WD AGO Form 53-55, Enlisted Record and Report of Separation, a copy of the citation awarding the FSM the Bronze Star Medal, a copy of the FSM’s Death Certificate and a copy of his own Birth Certificate.

5.  The FSM’s military records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  Information herein is derived from documents submitted by the applicant as well as information obtained from other sources.

6.  The FSM’s WD AGO Form 53-55 shows that he was inducted on 28 January 1944 at age 33.  He was awarded the military occupational specialty of light machine gunner and deployed to the European Theater of Operations on 25 July 1944, where he served with the 30th Infantry Regiment, 3rd Division, until 5 August 1945.  He was honorably discharged at demobilization on 17 January 1946 in the rank of private first class.

7.  His awards include the American Service Medal, the Bronze Star Medal, the European-African-Middle Eastern Campaign Medal, the Good Conduct Medal, the World War II Victory Medal, the Combat Infantryman Badge and the Marksmanship Badge with Rifle Bar.  The Purple Heart is not listed as an authorized award.  Nor, does block 24, wounds received in action, of the form indicate that he was wounded in action.

8.  The Bronze Star Medal Certificate provided by the applicant shows that the FSM was awarded the Bronze Star Medal for meritorious achievement in actual combat on 15 January 1945, in France.  The citation pertinently states, that the FSM disregarded continued artillery fire to make a necessary change of an ammunition belt.  Although stunned and wounded by artillery fragments himself he completed the repair.

9.  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 by a medical officer, and the medical treatment must have been made a matter of official record.

10.  Subsequent to the cessation of hostilities during World War II, the regulation governing the award of the Bronze Star Medal was changed, in part, to provide for the award of this decoration to those individuals who had been awarded the Combat Infantryman Badge or the Combat Medical Badge for meritorious achievement in ground combat against the armed enemy between 7 December 1941 and 2 September 1945.

11.  The same regulation provides that a Bronze Service Star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  In the applicant’s case, he is entitled to one additional Bronze Service Stars (for a total of three) to be worn on his European-African-Middle Eastern Campaign Medal for participation in the Southern France campaign.

12.  The awards regulation also specifies that a bronze oak leaf cluster is issued to denote award of second or succeeding awards of decorations, such as the Bronze Star Medal.

13.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows that during the FSM’s assignment to the 30th Infantry Regiment, the unit received the Distinguished Unit Citation, assault landing credit during the campaign in Southern France, occupation credit for the occupation of Germany and the French Fourragere.

CONCLUSIONS:

1.  While there are no “other” official records available to validate that the FSM was wounded in action during World War II, the Bronze Star Citation, indicating that he was wounded by artillery fragment while in combat on 18 January 1945, is convincing evidence that he was wounded in action and met the criteria for award of the Purple Heart.  Accordingly, the Board concludes that he should be awarded the Purple Heart for those wounds.

2.  Additionally, he is entitled to award of the Bronze Star Medal with 1st Oak Leaf Cluster based on the criteria for awarding the Bronze Star Medal to World War II holders of the Combat Infantryman Badge 

3.  Based on the period of his assignment in the European Theater of Operations with the 30th Infantry Regiment, he is entitled to the following awards: the Distinguished Unit Citation, assault landing credit signified by awarding him the bronze arrowhead device for wear on the European-African-Middle Eastern Campaign Medal, one additional Bronze Service Star for the Southern France campaign (for a total of three), the French Fourragere and credit for the occupation of Germany signified by awarding the Army of Occupation Medal with Germany Clasp.
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 showing that the individual concerned was awarded the Purple Heart for wounds received on 18 January 1945, the Bronze Star Medal with 1st Oak Leaf Cluster, the Distinguished Unit Citation, the Bronze Arrowhead Device, one additional Bronze Service Star, the French Fourragere and the Army of Occupation Medal with Germany Clasp.

BOARD VOTE:  

___jtm___  ____mhm  ____ena_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Melvin H. Meyer______
		        CHAIRPERSON

INDEX

CASE ID	AR2002074008	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021105	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.