PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            28 February 2002
	DOCKET NUMBER:   AR2001064458

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Celia L. Adolphi		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, in effect, that his records be corrected to show he is entitled to awards of the Combat Action Ribbon (CAR), the Purple Heart and the Prisoner of War (POW) Medal. 

3.  The applicant states that they were omitted from his records.

4.  The applicant’s military records were partially destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records.  However, the surviving records show that the applicant enlisted at Camp Wolters, Texas, on 3 May 1942.  He completed his training and was transferred to the European-African-Middle Eastern (EAME) Theater of Operation on 31 August 1942.  He was assigned to Company D, 19th Engineers for duty as a construction laborer and participated in an amphibious landing at Oran, North Africa, with that unit.

5.  The available records show that he was initially reported as a battle casualty (Missing in Action) on 19 February 1943, and was subsequently reported as a POW.  He remained a POW until he was repatriated on 3 May 1945.  He was hospitalized and treated for malnutrition and he departed for the United States on 23 May 1945.

6.  On 4 October 1945, he was honorably discharged at Fort Sam Houston, Texas, in the rank of private first class.  He had served 3 years, 5 months and 3 days of total active service.  He participated in the Algeria-French Morocco and Tunisia Campaigns and was awarded the EAME Campaign Medal with two bronze service stars and the Good Conduct Medal.  

7.  The applicant was subsequently awarded the POW Medal and a bronze arrowhead for wear on his EAME Campaign Medal.  However, there is no indication in the available records to show that they were ever added to his report of separation (WD AGO Form 53-55).  Additionally, on that form in block 34, it also indicates that he had no wounds received in action and he signed the form at the time of separation. 

8.  In a statement issued by the applicant at the time he was repatriated, he indicated that his company was trying to hold Caserine Pass, in Tunisia, when the Germans broke through the infantry and surrounded his company.  He was transported by plane and train to STALAG 7-A and then by train to STALAG 2-B. In the latter part of February 1945 they started marching across Germany to evade the Russians and were liberated by the 7th Army on 3 May 1945. 

9.  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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

10.  Army Regulation 600-8-22 also provides the criteria for award of the Combat Infantryman Badge (CIB).  It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat. Battle participation credit alone is not sufficient.

11.  That regulations also states, in pertinent part, that the World War II (WW II) Victory Medal was established by the act of Congress 6 July 1945 (59 Stat 461). It was awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

12.  The CAR is the equivalent of the Army’s award of the CIB.  It was authorized on 17 February 1969 and is awarded to members of the Navy, Marine Corps and Coast Guard for combat action service.  The principal requirement is that personnel must have been in a ground or surface combat fire-fight or action during which they were under enemy fire, and that their performance under fire must have been satisfactory.

CONCLUSIONS:

1. The applicant’s contentions have been noted by the Board; however, the evidence of record fails to show that during his assignment he held the specialty of and performed the duties of an infantryman while engaged in ground combat against the enemy. Therefore, in the absence of evidence to the contrary, it must be presumed that in accordance with the applicable regulations governing award of the CIB, he is not entitled to be awarded that badge.

2.  The evidence of record also fails to clearly show that the applicant was wounded as a result of enemy action.  Therefore, it also appears that he is not entitled to be awarded the Purple Heart.

3.  However, the evidence of record does show that he is entitled to be awarded the WWII Victory Medal and to have the POW Medal and bronze arrowhead added to his records.

4.  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 by awarding the individual concerned the WWII Victory Medal and adding the POW Medal and bronze arrowhead to his records.

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

BOARD VOTE:  

___jm___  ___cla __  ___rvo __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.___
		        CHAIRPERSON

INDEX

CASE ID	AR2001064458	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/02/28	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  157	107.0111/CIB	
2.  61	107.0015/PH	
3.  112	107.0066/WWII VIC MDL	
4.  309	130.0000/POW MDL	
5.		
6.