PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  14 September 2000
	DOCKET NUMBER:  AR2000045111

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Elzey J. Arledge		Member	
	Ms. Margaret Patterson		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 and the Silver Star.  He also requests that upon death, that he be buried in Arlington National Cemetery alongside his twin brother.

3.  The applicant states he was never recognized for suffering a head injury during fighting in the Ruhr Pocket engagements in Germany from 6-17 April 1945.  His injury was attended by a medic and he continued to engage the enemy, led an attack under heavy artillery fire, inflicted many casualties on the enemy, forced the enemy to surrender, and captured an enemy general.  The applicant also states that these awards should be granted by the Board to acknowledge bravery and heroism not recognized due to prejudice and discrimination.

4.  The applicant gives a personal account of his actions.  “During the Battle of the Ruhr Pocket, Co “A”, 310th Infantry Regt., 78th Division, was caught in a revene (ravine), and the enemy began a heavy barrage of artillery shells that caused many casualties.  As a result of the constant shelling, I was wounded in the head and knocked unconscious.  Upon revival, although bleeding, I refused to be evacuated, against the best wishes of my combat medic I called “Doc” G----- C-----.  I finally told “Doc” to patch me up.  I had already volunteered to take the remaining members of my squad, four in all including myself, to secure the road which appeared to be the only route of escape.  I immediately took the high road for better coverage.  We kept moving until we came to the cross road.  We then made our way down closer for better observation.  To my surprise, I noticed an unusual movement.  The clearing of the tall grass and the placement of a machine gun by the enemy.  I did not know the number strength of the enemy, but I realized that we had to attack immediately hoping the element of surprise would be on my side.  I suggested that we say our prayers, we were going to attack.  I knew that I had an excellent BAR-man and with our rifles and hand grenades and I further suggested upon attacking we yell out loud to give the impression that we had large numbers.  On my command, the attack was instant and swift.  The element of surprise was successful.  “Thank God”, “Thank God”, we were lucky.  After killing and wounding a large number of the enemy, the rest surrendered.  The big prize was a high ranking German officer, I think he held a general rank.  Do to the heavy firing of weapons, our 1st Lieutenant sent a staff sergeant with a small number of men to our aid.  By the time he arrived, we had everything under control – marching the enemy back, including the German general.  Our action caused the only avenue of escape for the rest of our men.  We were never honored for this action of bravery.”

5.  The applicant provides a copy of an affidavit attested to by a notary public on 10 May 1947, however the copy does not show a raised notary public seal.  The affidavit is given by a member of Company A, 310th Infantry Regiment, 
78th Division stating, “That I further certify that I served along with (the applicant) when Co. “A”, 310th Inf., was caught in a revene (ravine), and the enemy taking quick advantage of this through in a large number of, what is believed to have been artillery shells, causing many casualties.  That as a direct result of the explosion and tremendous concussion of these shells (the applicant) was knocked unconscious, and that upon revival, although complaining about noises about the head and appeared to be in a dazed state of mind, absolutely refused to be evacuated, when learning the faith (fate) of most of the members of his squad.  His only desire seemed to be that of getting even, which he did several days later when leading a small patrol attacked a large German column which resulted in a number of the enemy being killed and forcing the rest to surrender.”

6.  The applicant’s military records could not be found and are presumed lost or destroyed in the 1973 fire at the National Personnel Records Center.  Information herein has been obtained from alternate sources and/or the applicant.

7.  The applicant’s copy of his Honorable Discharge Certificate and his Enlisted Record and Report of Separation Honorable Discharge, WD AGO Form 53-55, shows that he was inducted on 4 February 1942 and honorably discharged 29 September 1945 from Company A, 310th Infantry, as a rifleman, MOS 745.  He was discharged at the grade of Staff Sergeant, the highest grade he held during his enlistment.  He was awarded the Combat Infantryman Badge (CIB), the Bronze Star Medal (BSM), the Good Conduct Medal, and the European- African-Middle Eastern Service Medal.  Company A is a unit in the 1st Battalion, 310th Infantry Regiment, 78th Infantry Division.

8.  Letter Orders dated 18 February 1949 issued by the Adjutant General’s Office of the War Department show that the applicant was awarded the BSM for exemplary conduct in ground combat against the armed enemy on or about 19 March 1945 in the European Theater of Operations as a Private First Class while serving in the 310th Infantry Regiment.  The authority for award of this BSM was paragraph 15.1e, Army Regulation (AR) 600-45.  According to the second paragraph of this letter order, the issue of this BSM was based on General Orders 18, issued by Headquarters, 310th Infantry Regiment, dated 23 March 1945.  General Orders 18 issued the applicant the CIB.

9.  AR 600-45, paragraph 15.1e, change 12, effective 10 September 1947, authorizes award of the BSM to those who received the CIB during the period 7 December 1941 to 2 September 1945.

10.  As a result of this Board’s review of the applicant’s available records on 4 November 1998, he was further awarded the Army of Occupation of Germany Medal, the Distinguished Unit Citation Ribbon, and the World War II Victory Medal.

11.  According to AR 600-8-22, Military Awards, award of the Purple Heart 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.  The wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  Concussion injuries caused as a result of enemy generated explosions can qualify for award of the Purple Heart but there must be a physical injury observed to qualify for a concussion injury.  Just being subjected to concussion does not constitute concussion injury.

CONCLUSIONS:

1.  The applicant has been previously awarded the CIB, the BSM as a result being awarded the CIB, the European- African-Middle Eastern Service Medal, the Army of Occupation of Germany Medal, the Distinguished Unit Citation Ribbon, the Good Conduct Medal, and the World War II Victory Medal.

2.  The Army Board for Correction of Military Records (ABCMR) may not take action on a request if all administrative remedies have not been exhausted.  In the case of a request for a Silver Star that has not been previously awarded, an award recommendation, DA Form 638, must be completed by a witness to the act and submitted through the applicant’s congressman for his endorsement to the Department of the Army Military Awards Branch.  Title 10, United States Code, section 1130, provides this means for recommending award of the Silver Star and higher awards after the fact.  If the Army Military Awards Branch does not approve the award of the Silver Star, a request for reconsideration may then be made to the ABCMR.

3.  Although there is no medical record of the applicant’s concussion injury and related bleeding, the applicant has presented the affidavit of a fellow unit member who witnessed the injury and cause of it being enemy action.  The Board, as a matter of compassion, accepts the affidavit as sufficient evidence of the applicant being injured as a result of action against an enemy or an act of any such enemy. The applicant should be awarded the Purple Heart.

4.  Decision authority on burial in Arlington National Cemetery is not within the jurisdiction of this Board.  The Superintendent, Arlington National Cemetery, has decision authority concerning burial in the cemetery.  As a matter of information, one category of veterans who may be buried in Arlington National Cemetery are those who hold the Nation's highest military decorations: the Medal of Honor; the Distinguished Service Cross, the Air Force Cross, the Navy Cross, the Distinguished Service Medal, the Silver Star, or the Purple Heart. 

5.  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 awarding him the Purple Heart for injuries as a result of action by the enemy while the applicant was in engaged in combat in the Ruhr Pocket, Germany, on or about 12 April 1945.

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

BOARD VOTE:  

__ro___  ___ea___  __mp____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond V. O’Connor_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000045111	
SUFFIX		
RECON		
DATE BOARDED	20000914	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PART	
REVIEW AUTHORITY		
ISSUES         1.107	Decorations and Awards	
2.		
3.		
4.		
5.		
6.