PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           8 November 2001
	DOCKET NUMBER:   AR2001058867

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Karen Y. Fletcher		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 correction of his military records to show award of the Purple Heart (PH).  He also requests that he be issued the medal and the written citation.

3.  The applicant states that he was wounded in action in Europe on 18 March 1945. He states that his injury is documented in Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).  He submits in support of his request a copy of his WD AGO Form 53-55.

4.  The applicant’s military records show that he was inducted into the Army of the United States on 8 March 1944.  He served in military occupational specialty (MOS) 746 (Automatic Rifleman).  He served in the European Theater of Operations from 22 January 1945 until he returned to the United States on 16 June 1945.  His campaigns include Rhineland and Central Europe.  He served with Company E, 2nd Battalion, 259th Infantry Regiment, 65th Infantry Division.  The division landed on the European continent on 26 January 1945 (D+234) and entered combat on 9 March 1945.

5.  The available evidence shows that on 18 March 1945, the applicant was slightly wounded in action near Fraulautern, Germany, when he received a gunshot wound to his leg.  There is no further evidence available concerning these injuries.

6.  On 19 March 1945, the applicant was admitted to the Battalion Aid Station where he was determined to be suffering from severe anxiety and an unstable personality that was precipitated by combat (battle fatigue).  On 26 March, he was transferred to the 106th Evacuation Hospital near St. Wendel, Germany.  On an unknown date, he was evacuated to the United States and transferred to Brooke Convalescent Hospital Center, Fort Sam Houston, Texas.

7.  On 20 September 1945, Brooke Convalescent Hospital Center issued the applicant a WD AGO Form 40 (Certificate of Disability for Discharge) due to severe, chronic anxiety.  On 24 September 1945, the applicant was honorably discharged.  On his WD AGO Form 53-55, Item 31 (Military Qualification and Date) shows that he was awarded the Combat Infantryman Badge (CIB); Item 33 (Decorations and Citations) shows that he was awarded the European-African-Middle Eastern (EAME) Campaign Medal; and Item 55 (Remarks) shows that he was issued the Honorable Service Lapel Button, World War II.

8.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.
9. AR 600-8-22 provides, in pertinent part, that the Bronze Star Medal (BSM) 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.

10.  AR 600-8-22 provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

11.  AR 600-8-22 provides that the Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

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

13.  AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1.  The applicant's service records indicate that he was an infantryman assigned to Company E, 2nd Battalion, 259th Infantry Regiment, 65th Infantry Division.  He served in the European Theater of Operations and was in combat for 9 days from 9-18 March 1945, when he received a slight gunshot wound to his leg.  At a Battalion Aid Station on 19 March 1945, he exhibited severe anxiety and an unstable personality and was removed from his unit and evacuated to the 106th Evacuation Hospital.  He was eventually returned to the United States and discharged.

2.  The applicant is entitled to the PH for the wound he received on 18 March 1945.  He is also entitled to a BSM for meritorious service (based upon his award of the CIB), a GCMDL, the World War II Victory Medal, and two bronze service stars for his EAME Campaign Medal.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214 (and the WD AGO Form 53-55)) to show award of the BSM, PH, GCMDL, World War II Victory Medal, and two bronze service stars for his EAME Campaign Medal.

BOARD VOTE:  

__FNE__  __BJE___  __KYF __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_       Fred N. Eichorn____
		        CHAIRPERSON

INDEX

CASE ID	AR2001058867	
SUFFIX		
RECON		
DATE BOARDED	20011108	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19450924	
DISCHARGE AUTHORITY	AR615-361 	
DISCHARGE REASON	A04.00	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0067	
3.		
4.		
5.		
6.