PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           30 October 2003  
	DOCKET NUMBER:   AR2003086582

	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. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis L. Greenway		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Mr. Larry C. Bergquist		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 WD AGO Form 53-
55 (Report of Transfer or Discharge) to show award of the Purple Heart, the Combat Infantryman Badge (CIB) and any other awards that were omitted.  

3.  The applicant states, in essence, that he was wounded three times while in combat and his WD AGO Form 53-55 only reflects the injury he received on 
1 August 1944.   He claims that he is entitled to the Purple Heart.  

4. The applicant's military records were presumably lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from his WD AGO Form 53-55 and otherwise obtained from alternate sources.  

5.  The applicant enlisted in the Regular Army on 27 January 1941.  He served in the European Theater of Operations as an Light Weapons Sergeant between 
29 January 1944 and 13 October 1944 and was assigned to the 4th Motorized Engineers Battalion redesignated the 4th Engineer Combat Battalion, 4th Infantry Division.  

6.  On 20 January 1945, while in the rank of sergeant, the applicant was separated with a disability discharge under the provisions of Army Regulation 615-361.  He was credited with 3 years, 3 months and 5 days of active military service and no lost time.

7.  At the time of separation the applicant’s WD AGO Form 53-55, Item 
31 (Military Qualification and Date) shows the Marksman Badge with Rifle Bar,  Item 33, (Decorations and Citations) shows that he was awarded the European-African-Middle Eastern (EAME) Campaign Medal, the Good Conduct Medal, the Oak Leaf Cluster, the American Defense Service Ribbon and was issued the World War II “Lapel Button”.  Item 34 (Wounds Received in Action) contains the entry, “1 Aug 44 wounded at Le Bourg, France."  However, it does not show credit for the Combat Infantryman Badge or any other service awards. 

8.  A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape.  In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC).  The availability of the information to the NPRC received considerable publicity by the various veteran’s service organizations.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.  It is estimated that the SGO files document 95 percent of all hospitalized battle casualties from World War II and the Korean War.   Searches of these files shows that the applicant was wounded or injured as a result of enemy action and hospitalized on 1 August 1944.  He was treated for a rifle wound to his leg, which fractured his tibia bone.  The report identified him as an engineer.

9.  The only medical record available is a U. S. Army Surgeon General’s Office Hospitalization Admission Card which shows that the applicant was a battle casualty and hospitalized on 01 August 1944 for a tibia fracture with bone fragment, rifle wound to his leg.  

10.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart 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.

11.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, unit awards and citations authorized for units, which served during World War II.  This document shows that at the time of the applicant’s assignment to the 4th Engineer Combat Battalion, 4th Infantry Division, it was cited for award of the Distinguished Unit Citation by the War Department General Order (WD GO) 85-44 dated 6 June 1944 (for the period 29 January to 13 October 1944).  His unit also participated in two campaigns, Normandy and Northern France, and the unit was credit with an assault landing at Normandy.

12.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal (EAME).  The applicant is therefore entitled to wear two bronze service stars on the appropriate service medal for each credited campaign.

13.  Army Regulation 600-8-22 also states that a bronze arrowhead denotes participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the soldier is assigned or attached at the time of the assault.  The arrowhead is worn on the EAME Campaign Medal.  However, in the case of multiple awards of the arrowhead, only one arrowhead will be worn.

14.  Army Regulation 600-8-22 states that the World War II Victory Medal was established by an act of Congress in July 1945.  It is awarded for service between 7 December 1942 and 31 December 1946, both dates inclusive.

15.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  

CONCLUSIONS:

1.   The evidence of record does not show that the applicant was wounded three times and awarded the Purple Heart for those wounds.  However, the applicant’s WD AGO 53-55, does show he was wounded on 1 August 1944.   Further, the Board acknowledges that after reviewing the available medical documentation it was determined that he was treated for injuries as a result of hostile action and is entitled to award of the Purple Heart.  Therefore, the correction should be entered on his DD Form 214.

2.  There is insufficient evidence of record to show that the applicant was assigned to an infantry unit.  Therefore, the applicant does not meet the eligibility criteria for award of the CIB.

3.  The available evidence confirms that he is entitled to one bronze arrowhead, denoting his participation in an assault landing.

4.   Further, the applicant participated in two campaigns during World War II while in the European Theater of Operations.   He is therefore entitled to wear two bronze service stars on his EAME Campaign Medal.  These awards should be added to his WD AGO Form 53-55.

5.  The evidence of record shows the applicant met the eligibility criteria for award of the World War II Victory Medal.  His WD AGO Form 53-55 should be amended to add this award.

6.  There is insufficient evidence of record available and the applicant has provided no evidence, which would allow the Board to make a determination on the applicant’s request for entitlement to any additional awards and/or medals.  

7.  In view of the foregoing, correcting the applicant’s records as recommended below will correct errors and rectify an injustice. 

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 Purple Heart.  

2.  In addition to the awards currently shown on his WD AGO Form 53-55, his authorized awards include the Distinguished Unit Citation, the World War II Victory Medal, two bronze service stars and one bronze arrowhead for wear on the EAME Campaign Medal.

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

BOARD VOTE:  

___CLG _  __EWL__  __LCB __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		   _  Curtis L. Greenway    __
		        CHAIRPERSON

INDEX

CASE ID	AR2003086582	
SUFFIX		
RECON	 	
BOARDED	20031030	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	A107.0000  	
2.	A107.0015	
3.		
4.		
5.		
6.