PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           06 NOVEMBER 2003                    
	DOCKET NUMBER:  AR2003089877

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Mae M. Bullock		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 award of the Purple Heart, World War II Victory Medal, American Campaign Medal, and Prisoner of War Medal.  He also requests that his name on his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) be corrected.  

3.  The applicant states that he never received the awards he is requesting.  His discharge document contains an error in the spelling of his last name.  He was wounded in action as indicated on his discharge document and was a prisoner of war for over 30 days.

4.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from the applicant and from alternate sources.

5.  The applicant's discharge document shows that he was inducted into the Army on 13 January 1943 and served in the European Theater of Operations during World War II from October 1944 to May 1945.  He was discharged with a disability at the Army General Hospital at Camp Butner, North Carolina on         30 October 1945.  He was awarded the Combat Infantryman Badge and the European-African-Middle Eastern Theater Ribbon with two bronze battle stars.  He was wounded in action on 2 January 1945.  None of the awards he is requesting are shown on his discharge document.  His surname on his discharge document shows the letter "n" as the third character in his name.

6.  The applicant's Separation Qualification Record (WD AGO Form 100) shows that the third character in the applicant's surname is "m" not "n."  His Honorable Discharge Certificate shows that the third character of his surname is "n."  The applicant's final payment roll shows that the third character of his last name is "m."  He signed that roll in that manner.  Contemporary documents reflect that the third character of his last name is "m."         

7.  Information from the hospital admissions cards created by the office of The Surgeon General show that the applicant was admitted to a hospital on 17 April 1945 with a diagnosis of peripheral vascular disease to his foot and malnutrition. That information also indicates that he was a repatriated prisoner of Germany, who was repatriated during the current year.

8.  The Prisoner of War Medal is authorized for any person who, while serving in any capacity with the armed forces, was taken prisoner and held captive after     5 April 1917.  The Prisoner of War Medal is issued only to those military personnel and other personnel granted creditable United States military service who were taken prisoner and held captive while engaged in an action against an enemy of the United States.  

9.  The American Campaign Medal is awarded for service within the continental limits of the United States for an aggregate period of 1 year between 7 December 1941 and 2 March 1946.

10.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.    

11.  The above mentioned regulation also provides for award of the Bronze Star Medal to each member of the Armed Forces of the United States who, after        6 December 1941 has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945.  The award of a Combat Infantryman Badge is considered as a citation in orders.

CONCLUSIONS:

1.  The applicant was wounded in action.  He is entitled to award of the Purple Heart.  

2.  Evidence shows that the applicant was a prisoner of war.  He is entitled to award of the Prisoner of War Medal. 

3.  The applicant served in the American Theater (continental United States) during World War II in excess of 1 year.  He is entitled to award of the American Campaign Medal.

4.  By virtue of his award of the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal. 

5.  The applicant served his country faithfully and honorably.  He is entitled to award of the Army Good Conduct Medal.

6.  The applicant is entitled to award of the World War II Victory Medal.

7.  Evidence shows that the third character of the applicant's surname is "m,"   not "n."  His WD AGO Form 53-55 of 30 October 1945 should be corrected accordingly.

8.  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:

a.  showing that the individual concerned was awarded the Purple Heart, Prisoner of War Medal, American Campaign Medal, Bronze Star Medal, Army Good Conduct Medal, and World War II Victory Medal; and

b.  by correcting the applicant's surname on his WD AGO Form 53-55 to show that the third character is "m."

BOARD VOTE:  

__SK ___  __RJW__  __MMB__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Stanley Kelley_______
		        CHAIRPERSON

INDEX

CASE ID	AR2003089877	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031106	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.