PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:  30 September 1999
	DOCKET NUMBER:   AR1999015319

	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. Loren G. Harrell		Director	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. Lester Echols		Member	
	Mr. James P. Steuve		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 the following correction of records, military awards, and pay actions:

	a.  Change his date of induction from 8 March 1943 to 12 March 1941.

	b.  Change his service number from the one shown on his 16 August 1945 discharge records ending in 981 to the one shown on his 16 January 1945 "missing in action" letter and on his dog tags ending in 871 (the first five digits in the service numbers are the same).

	c.  List on his discharge document all training facilities and special training.

	d.  Show his field promotions to Sergeant and Staff Sergeant.

	e.  Show his Purple Hearts earned from being injured in battles.

	f.  Show his wounds: phosphorus burns on both legs and feet; shrapnel wound to back of head; shrapnel wound to right lung; scar on his forehead from the rifle butt of German guard while in prison camp.

	g.  Striking from the record the comment that the applicant's scars are not service related.

	h.  Striking from the record the remark about his training injury (trench foot) received in Tennessee when he was actually in Germany at the time.

	i.  Paying him muster out pay never given him.

	j.  Paying him for fighting overseas, which pay he never received.

	k.  Paying him 100% disability back pay.

	l.  Consideration for award of the Medal of Honor, The Distinguished Service Cross, Distinguished Service Medal, Silver Star, Defense Superior Service Medal, Soldier's Medal, Bronze Star Medal, 4 Purple Hearts, Defense Meritorious Medal, Meritorious Service Medal, Army Commendation Medal, Army Achievement Medal, POW Medal, Medal for Human Action, Humanitarian Service Medal, Army Service Ribbon, Overseas Service Ribbon, Combat Infantryman Badge, and Expert Infantryman Badge.

	m.  Providing a Purple Heart certificate promised by letter from the 
US Army Reserve Personnel Center on 13 May 1993.

3.  The applicant provides as his statement and evidence for the above actions, his memoirs of his service in World War II titled, "The Bloody Bucket", attached to his application for correction of military records.  The applicant also provides a copy of a letter informing his mother that he was missing in action (the letter shows his service number ending in 871) and a copy of a letter from the US Army Personnel Center dated 13 May 1993 stating, "This is in reply to your application for correction to your military record.  The Purple Heart certificates are not available at this time, pending appointment of a new Secretary of the Army."  "When that appointment is filled, we will send you your Purple Heart certificate."  He states he never received this certificate. The applicant also provides a copy of a DA Form 1577, Authorization for Issuance of Awards, dated 10 February 1998, and a Certificate of Military Service issued by the National Personnel Record Center on 16 March 1998.

4.  The applicant’s military records cannot be located and are presumed to have been destroyed in the 1973 fire in the National Personnel Records Center in 
St. Louis.  The fire destroyed approximately 18 million service records including many from the World War II period.  The Department of Veteran's Affairs have provided copies of all that they had in their files which consisted of a WD AGO 53-55, Enlisted Record and Report of Separation Honorable Discharge, issued at Walter Reed Army Hospital (WRAH) on 16 August 1945; a Certificate of Disability for Discharge issued at WRAH on 16 August 1945; and a 16 August 1945 Clinical Record Brief from WRAH.  It is noted that the applicant's signature was not on the WD AGO Form 53-55 when it was issued.

5.  The above records show that the applicant was inducted into the Army on 
8 March 1943 at Fort Dix, New Jersey.  He incurred trench foot injury while on training maneuvers in Tennessee in January and February 1944.  He departed the US on 2 June 1944 and arrived in the European-African-Middle Eastern Theater on 15 June 1944.  According to records of the 110the Infantry Regiment, an Order Number 42 dated 10 October 1944 was issued awarding the applicant the Combat Infantryman Badge for the period 1-10 October 1944 for actions against the enemy in Germany.  The order shows the applicant as a Private First Class E-3, service number ending in 871, and a member of Headquarters Company, 1st Battalion, 110th Infantry Regiment, 28th Infantry Division.  According to his discharge certificate, he fought with the 110th in the Northern France and the Ardennes campaigns.  He was captured by the enemy on 17 December 1944 and liberated on 23 April 1945.  A letter was sent by the War Department to his mother on 16 January 1945 to inform her that the applicant, Private First Class (PFC), service number ending in 871, was missing in action.  He departed the European Theater on 14 June 1945 and arrived in the US, Grenier Field, Manchester, New Hampshire, via the 1377th Army Air Force Air Transport Command, on 15 June 1945.  He was transported and admitted to WRAH 
on 16 June 1945.
6.  At WRAH, the applicant was evaluated for trench foot (mild, secondary to recurrent exposure to cold and wet both in the US, while on maneuvers in Tennessee during January and February 1944 and while a prisoner of war in Germany from 17 December 1944 to 23 April 1944, improved, in line of duty), flat feet (unimproved, in line of duty), malnutrition (moderated, incurred while prisoner of war in Germany from 17 December to 23 April 1945, cured, in line of duty), and vision astigmatism (unimproved, existed prior to service).  There is no indication of any battle wounds, injuries, or scares.  After careful consideration of all information obtainable and a critical examination, the applicant was found unfit for military service by reason of trench foot suitable for discharge to his own care. He was issued a Certificate of Disability for Discharge and honorably discharged at WRAH on 16 August 1945.  His discharge certificate pay data shows that he was paid $300 total, with $100 in cash, in muster out pay on 16 August 1945.  He was discharged as a PFC with his discharge record showing his highest rank held as Corporal (no record of reason for downgrade given).  His discharge shows that he was awarded the European-Africa-Middle Easter Theater Medal with two bronze campaign stars and that he earned the Rifle Expert Marksmanship Badge.  On 10 January 1998, he was also provided the following additional awards on a DA Form 1577 issued by the Army Reserve Personnel Command, St. Louis, Missouri:  Good Conduct Medal, American Campaign Medal, World War II Victory Medal, and the Army of Occupation Medal with Germany Clasp.

7.  According to Army Regulation 600-8-2, Military Awards, paragraph 3-13, a member of the Armed Forces of the United States who, between 7 December 1941 and 2 September 1945, was awarded the Combat Infantryman Badge (CIB), the Combat Medical Badge (CMB), or other certificate for exemplary conduct in ground combat against an armed enemy, is eligible for award of the Bronze Star Medal (BSM).

8.  Award of the Purple Heart, according to AR 600-8-22, is made to soldiers wounded, injured, or killed from an outside force or agent as a result of an action against an enemy or an act of any such enemy.  Multiple wounds or injuries received at the same instant, or in the same action on the same day, or from the same missile, force, explosion, or agent are recognized by only one Purple Heart.

9.  The POW Medal is authorized by Public Law 99-145, Section 1128, Title 10, US Code, 8 November 1985 for any person, who while serving in any capacity with the US Armed Forces, was taken prisoner and held captive after 5 April 1917 while engaged in action against the enemy or operations involving conflict with an opposing foreign force.

CONCLUSIONS:

1. The dedication of time, sincerity of statement, details of memory, and pictures provided in the applicant's memoirs are appreciated but by themselves cannot be considered sufficient evidence.  Such statements must be supported with copies of military documents, military medical records, corroborated witness statements, archive records, etc..  Therefore, there is no evidence in military records nor has the applicant presented sufficient evidence to support the corrections below.

	a.  Changing his date of induction from 8 March 1943 to 12 March 1941.

	b.  Showing his field promotions to Sergeant and Staff Sergeant.

	c.  List on his discharge document all training facilities and special training.

	e.  Paying him for fighting overseas, which pay he never received.  Additionally, there is a six year statute of limitations established by law on making pay corrections.

	f.  Showing his wounds: phosphorus burns on both legs and feet; shrapnel wound to back of head; shrapnel wound to right lung; scar on forehead from gun butt of German guard in prison camp.

	g.  Striking from the record the comment that the applicant's scars are not service related.  This comment appears to be concerning Department of Veterans Affairs records over which this Board has no jurisdiction.

	h.  Striking from the record the remark about his training injury (trench foot) received in Tennessee when he was actually in Germany at the time.  These medical entries are correct according to available medical records and therefore are not in error or unjust.  Medical records are historical documents not subject to change.

2.  The applicant did receive muster out pay as evidenced on his discharge document which shows that he was paid the proper amount of $300 muster out pay, $100 of which was paid in cash at the time of discharge.  Additionally, there is a six year statute of limitations established by law on making pay corrections.

3.  Disability pay for discharge in 1945 is paid by the Department of Veterans Affairs (VA).  Prior to 1 October 1949, on which date the Career Compensation Act Public Law 351 became effective, there was no provision of law whereby an enlisted soldier with less than 20 years service could be discharged with severance pay, any physical disability compensation from the Army, or be retired by reason of physical disability.  Under law existing at that time, compensation for service-connected disabilities was provided entirely under the jurisdiction of the VA.  When a soldier was separated for physical disability, he was given a Certificate of Disability Discharge (CDD) to enable him or her to apply for benefits from the VA.  Questions concerning disability pay should be addressed to 
the VA.

4.  The applicant's CIB orders and the "missing in action" letter of notification both show that prior to 16 January 1945, the applicant's service number did end in 871 instead of the new number ending in 981 assigned to him during his medical treatment and discharge.  The applicant's discharge should show both numbers since documents are marked respectively with either service numbers.

5.  The applicant was awarded the CIB but it is not noted on his discharge document.  The CIB should be added to his discharge document.  In conjunction with the CIB, the applicant should also be awarded the Bronze Star Medal, provided the medal, and have it shown on his discharge document.

6.  The following additional awards for which he was eligible according to his record of service and which were provided in 1993, should be added to his discharge document: Good Conduct Medal, American Campaign Medal, World War II Victory Medal, and the Army of Occupation Medal with Germany Clasp.

7.  The applicant states that he was wounded in about July 1944 near Lamans, France, by a shrapnel wound to his right chest, collapsing his lung.  He states he was treated at a field hospital (numeric designation not given) in France and released back to his unit in three days.  It is not clear what company and battalion or regiment he was in at this time.  The applicant states he was again wounded in October 1944 near Aachen, Germany, by shrapnel wounds to the front and back of his head and phosphorus burns to both of his legs.  He states that he was evacuated to a field hospital (numeric designation not given) near Aachen, Germany, where he was treated and returned to his unit after about a week.  His unit at that time appears to be Headquarters Company, 1st Battalion, 110th Infantry Regiment, 28th Infantry Division, where he received the CIB for actions on 1-10 October 1944.  The applicant further states that after he was liberated from the Buchenwald Prisoner of War Camp on 23 April 1945, he was eventually evacuated through the 98th General Hospital in Germany to the 
48th General Hospital in Paris, France.  He was evacuated to the US on 14 June 1945.  While he was at the 98th General Hospital, he states that he was awarded a Purple Heart for shrapnel wounds and phosphorus burns received near Aachen, Germany.  None of the above information can be confirmed from records or evidence except award of the CIB and his prisoner of war status from 
17 December 1944 to 23 April 1945.  A check of 98th General Hospital records for the period April through June 1945 revealed no orders or record of award of a Purple Heart to the applicant.  However, in 1993, when the US Army Reserve Personnel Command reviewed a request from the applicant for awards, they apparently found evidence to support award of a Purple Heart as inferred in their 13 May 1993 letter.  Based on the evidence of this letter, the applicant should have the Purple Heart added to his discharge form and provided a Purple Heart certificate for wounds received near Aachen, Germany, in October 1944, while a member of Headquarters Company, 1st Battalion, 110th Infantry Regiment, 
28th Infantry Division.  His discharge document should also be corrected to show, "Wounds, October 1944, near Aachen, Germany."  However, there is no evidence provided such as medical records, hospital records, witness testimonies, or unit morning reports to support award of four Purple Hearts.

8.  The applicant should be awarded the POW Medal for having been a prisoner of war in Germany from 17 December 1944 to 23 April 1945.

9.  There is no evidence to support award of nor is the applicant eligible for award of the Medal of Honor, Distinguished Service Cross, Distinguished Service Medal, Silver Star, Defense Superior Service Medal, Soldier's Medal, Defense Meritorious Medal, Meritorious Service Medal, Army Commendation Medal, and Expert Infantryman Badge.  Additionally, the following awards are for periods of service or acts which occurred after 1949: Army Achievement Medal, Medal for Humane Action, Humanitarian Service Medal, Army Service Ribbon, and Overseas Service Ribbon.

10.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected for the individual concerned by:

	a.  showing that the applicant has been awarded the Purple Heart, Bronze Star Medal, Combat Infantry Badge, POW Medal, Good Conduct Medal, American Campaign Medal, World War II Victory Medal, and the Army of Occupation Medal with Germany Clasp;

	b.  issuing him a Bronze Star Medal and a POW Medal;

	c.  issuing him a Purple Heart certificate for "Wounds received in October 1944 near Aachen, Germany" and showing the same correction to the discharge record; and 

	d.  showing that his records were maintained under two service numbers as indicated on his application for correction of records, one ending in 871 and one ending in 981.

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

BOARD VOTE:  

__EB___  ___LE___  ___JS___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

						__Elizabeth Buchanon___
						        CHAIRPERSON

INDEX

CASE ID	AR1999015319	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990930	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	PARTIAL GRANT	
REVIEW AUTHORITY		
ISSUES         1.107	Awards and Decorations	
                      2.108.02	Percentage of Disability	
                      3.128.11	Mustering Out Pay	
                      4.131	Promotions	
                      5.144.9209	Wounds	
                      6.110	Discharge Documents