IN THE CASE OF: BOARD DATE: 10 October 2017 DOCKET NUMBER: AR20160000726 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ____x___ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 10 October 2017 DOCKET NUMBER: AR20160000726 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant an amendment of the ABCMR's decision in Docket Number AR20130021221, dated 11 September 2014. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his WD AGO Form 53-55 to show the following awards: * World War II Victory Medal * Army of Occupation Medal with Germany Clasp * three bronze service stars to be affixed to his already awarded European-African-Middle Eastern Campaign Medal 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains amending his WD AGO Form 53-55 to show the following awards: * Purple Heart * Four Overseas Service Bars * One Service Stripe * Conspicuous Service Cross _____________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 10 October 2017 DOCKET NUMBER: AR20160000726 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, reconsideration of his previous request for award of the Purple Heart. As a new issue, he requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show all of his authorized awards. 2. The applicant states: a. The previous Army Board for Correction of Military Records (ABCMR) decision contains inaccuracies that misrepresent his service. b. His WD AGO Form 53-55 should be corrected to show these awards: * European Theater of Operations Campaign Medal with three bronze service stars (presumed to mean the European-African-Middle Eastern Campaign Medal with three bronze service stars) * Army of Occupation Medal with Germany Clasp * Good Conduct Medal * Meritorious Service Unit Emblem (now known as the Meritorious Unit Commendation) * Four Overseas Service Bars * One Service Stripe * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * World War II Victory Medal * Conspicuous Service Cross c. He now realizes the people who should have been knowledgeable about the qualifications for award the Purple Heart did not know any more than he did and it has negatively affected his records. d. When he was injured by enemy artillery while in France in August 1944 and the battery was finally silenced, he could not get up because his feet and lower legs were numb. The medic took off his boots and socks and said "Don't see any blood Sarge, so no Purple Heart, but your feet are all twisted." He was put on a litter and he was sent to the field hospital. e. He was seen by a British doctor who told him the concussion had fractured some of the metatarsal bones and damaged nerves in both of his feet. The doctor straightened them the best he could and used bandages to form a soft case to hold his feet straight. He was shown how to keep his feet wrapped and told this doctor did not have any jurisdiction over him as an American Soldier. He was also told he could go to a rehabilitation station and then to a replacement depot or he could stay with his unit. He chose to stay with his unit. f. When he returned to the States, he was told he could receive a medical discharge because of his feet. He declined a medical discharge because he had more than enough points to get discharged. When he was being discharged he was asked about the injuries to his feet and if there was an open wound. He explained what happened and that there was no open wound. g. He believes the foregoing events are probably why there was no entry on his discharge. He was still under the impression there had to be an open wound to be awarded the Purple Heart. h. He was told by the Department of Veterans Affairs (VA) that he had been misinformed because Soldiers who received concussion injuries are eligible for award of the Purple Heart. i. He believes this is a probable error or injustice based on the actions of others beginning with the medic who first treated him and didn't know that a concussion injury from enemy fire qualified for award of the Purple Heart. The same is true for the person who completed his discharge and didn't make an entry in Item 34 (Wounds Received in Action) on his WD AGO Form 53-55, when they were aware of the injuries to his feet. j. This also includes his evaluation by personnel at the VA Center in Pittsburgh, Pennsylvania, when they approved his service connected disability and rated his compensation at 10 percent for one foot, when both of his feet were injured. 3. The applicant provides: * photocopy of a document showing the citation for the 373rd Engineer General Service Regiment's award of the Meritorious Service Unit Plaque (now known as the Meritorious Unit Commendation) and showing the locations where the unit served in Europe during World War II * photograph of a Soldier in uniform surrounded by various service medals * DA Form 1577 (Authorization for Issuance of Awards), dated 14 April 1989 * ABCMR Decision, dated 11 September 2014 * previous ABCMR application, dated 11 September 2012 * self-authored statement, dated 29 January 2013 * three pages of his medical records * WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement) * WD AGO Form 53-55 CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130021221 on 11 September 2014. 2. The applicant was inducted into the Army of the United States on 8 April 1943 and he entered active duty on 15 April 1943. 3. He arrived in the European Theater of Operations on 24 September 1943 and departed the European Theater of Operations en-route to the United States on 1 July 1945. 4. The applicant was honorably discharged on 24 October 1945, for the convenience of the government, due to demobilization. His WD AGO Form 53-55 shows in: a. Item 31 (Military Qualifications and Date), the Sharpshooter Marksmanship Qualification Badge, 15 July 1943. b. Item 32 (Battles and Campaigns), he participated in the following three campaigns: * Northern France * Rhineland * Central Europe c. Item 33 (Decorations and Citation), he received the following awards: * Good Conduct Medal * European-African-Middle Eastern Campaign Medal * Meritorious Service Unit Insignia (this is the Meritorious Service Unit Emblem) * Honorable Service Lapel Button (World War II) d. Item 34, the entry "None." 5. A review of the available service records shows no evidence indicating the applicant was wounded/injured as a result of hostile action. 6. The applicant provides a copy of a DA Form 38 that shows on 23 October 1945 (1 day prior to discharge) he underwent an examination. Item 11 (List all significant diseases, wounds, and injuries. State circumstances under which wounds or injuries were incurred and date of onset) shows he suffered from weak arches and metatarsal. 7. The applicant provides a copy of a DA Form 1577, dated 14 April 1989 showing he was notified by the Department of the Army Personnel Center that he is authorized the following awards: * Good Conduct Medal * Meritorious Unit Emblem * European-African-Middle Eastern Campaign Medal with three bronze service stars * World War II Victory Medal * Army of Occupation Medal with Germany Clasp * Honorable Service Lapel Button World War II * Sharpshooter Marksmanship Qualification Badge with Rifle Bar REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides a list of awards authorized for inclusion on the DD Form 214 or the WD AGO Form 53-55. It states: a. The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. b. For award of the Army of Occupation Medal with Germany Clasp qualifying service must have occurred between 9 May 1945 and 5 May 1955. Service between 9 May 1945 and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945. c. A bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal. d. Decorations are awarded primarily to military personnel for services performed while in active Federal military service. Army Regulation 600-8-22 lists the decorations authorized and the order of precedence. Awards by state authorities are not listed. 2. The Purple Heart is awarded for a wound/injury sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound/injury was the result of hostile action, the wound/injury must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. 3. Military Personnel Message Number 11-125, issued by the U.S. Army Human Resources Command, dated 29 April 2011, stated the Secretary of the Army had approved Army Directive 2011-07 (Awarding the Purple Heart). The directive provides clarifying guidance to ensure the uniform application of advancements in medical knowledge and treatment protocols when considering recommendations for award of the Purple Heart for concussions (including mild traumatic brain and concussive injuries that do not result in a loss of consciousness). This message does not change the standards for award of the Purple Heart for concussion injuries. This policy is retroactive to 11 September 2001. 4. Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governed the requirements for wear of service stripes. It provided, in pertinent part, that one service stripe is authorized for wear on the right sleeve of the dress green (class A) uniform for every three years of service completed. Service stripes are not authorized for entry on the WD AGO Form 53-55. 5. The Overseas Service Bar is normally not entered on the WD AGO Form 53-55 because it is an item of uniform wear, not an award or decoration. DISCUSSION: 1. The applicant's contentions have been noted. His DD Form 214 already shows he was awarded the Good Conduct Medal, the European-African-Middle Eastern Service Medal, and the Meritorious Service Unit Emblem (listed on his WD AGO Form 53-55 as the Meritorious Service Unit Insignia). 2. Other than his own statement, there is no evidence showing he was wounded/injured as a result of hostile action. 3. Service stripes and Overseas Service Bars are items of uniform wear, not awards or decorations, and thus are not normally recorded on separation documents such as the WD AGO Form 53-55. 4. Only those awards listed in Army Regulation 600-8-22 are authorized to be listed on a separation document such as the WD AGO Form 53-55. As with all State awards, the Conspicuous Service Cross is not a decoration listed in the regulation and consequently is not authorized for entry on the WD AGO Form 53-55. 5. He is authorized the World War II Victory Medal, Army of Occupation Medal with Germany Clasp, and three bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal. These are not currently reflected on his WD AGO Form 53-55. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000726 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000726 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2