PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                 12 April 2000
	DOCKET NUMBER:        AR1999030823

	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.  

	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. James P. Stueve		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, as the wife of a deceased former service member (FSM), that her late husband’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show that he was awarded the Prisoner of War (POW) Medal and the Purple Heart.

3.  The applicant states that the FSM was a POW on 17 December 1944 and was hurt by the Germans when he fell down the stairs.  She also states that the FSM was taken to England after leaving Germany.  In support of her application she submits a copy of the FSM’s death certificate and a copy of the FSM’s WD AGO Form 53-55.

4.  The FSM’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the FSM was inducted on 6 December 1943 as a rifleman (745).  He served in the European-African-Middle Eastern Theater of Operations from 29 June 1944 to 22 March 1945 and was honorably
discharged on 21 October 1945.

5.  The FSM’s WD AGO Form 53-55 shows that the FSM was awarded the European-African-Middle Eastern Theater Ribbon with four bronze service stars, the Combat Infantryman Badge and the Good Conduct Medal.  The FSM’s 
discharge document does not show the POW Medal or the Purple Heart as authorized awards.

6.  There is no evidence in the limited records available to the Board which shows the applicant was a Prisoner of War.

7.  Item 34 (Wounds Received in Action) of the FSM’s WD AGO Form 53-55, which was authenticated in his own hand, shows the entry “None”.  There is no record that the FSM was awarded the Purple Heart.  There also is no indication that FSM was wounded as a result of hostile action.

8.  The available records contain a copy of the FSM’s Form 52C (Field Medical Card), which shows that he was diagnosed as having a sprain, severe, right knee when he jumped into a fox hole near Leige, Belgium, which occurred on 10 September 1944.

9.  The Board noted that the FSM’s discharge document shows he was awarded the Combat Infantryman Badge.  There is no evidence the FSM was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge.

10.  The Board notes that the FSM ‘s WD AGO Form 53-55 does not show the World War II Victory Medal and the American Campaign Medal.

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.

12.  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.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside the continental United 
States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

CONCLUSIONS:

1.  There is no evidence of record which shows that the FSM was a Prisoner of War during World War II.  Therefore, he is not entitled to correction of his
records to show the Prisoner of War Medal.

2.  Evidence of record shows that the FSM was diagnosed as having a sprain, severe, right knee injury when he jumped into a fox hole near Leige, Belgium, which occurred on 10 September 1944; however, there is no evidence to show that his injury was the result of hostile action.  Therefore, he is not entitled to the award of the Purple Heart.

3.  Evidence of record shows that the FSM is entitled to the Bronze Star Medal based on award of the Combat Infantryman Badge; however, this award was not shown on the FSM’s discharge document.  Therefore, the FSM is entitled to correction of his records to show the Bronze Star Medal based on award of the Combat Infantryman Badge.

4.  Evidence of record shows that the FSM was eligible for award of the World War II Victory Medal and the American Campaign Medal; therefore, he is entitled to correction of his records to show these awards.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the FSM’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 in item 33 (Decorations and Citations) of the FSM’s WD AGO Form 53-55 that he was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge, the World War II Victory Medal and the American Campaign Medal.

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

BOARD VOTE:  

RGH____  BJE_____  JPS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Robert G. Hinkle__________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999030823	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000412	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451021	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.  60		
3.  112		
4.  46		
5.		
6.