PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           23 April 2002
	DOCKET NUMBER:   AR2001062752

	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	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Thomas Lanyi		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 that he be awarded the Purple Heart (PH) for wounds received while performing his duty in combat.

3.  The applicant states, in effect, that for some reason his award of the PH was not made a part of his military records and that he wants it corrected.  He further states that between November and December 1944 he was injured in the European Theater of Operation during the “Battle of the Bulge.”  He further states that he was injured in the Hurtgen Forest while transporting two wounded soldiers to the battalion aid station (BAS).  The Germans began to shell the Americans with mortar fire; a large tree was hit and fell on him and he was pinned under the tree for three hours.  It was not until after he had reached the BAS and was preparing to return to his unit that he collapsed from his injury.  He was treated and returned to his unit.  A few weeks later, he was sent to a hospital in Belgium for further treatment and, after a short stay, was released to his unit.

4.  In support of his application, the applicant submitted:  a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge); a copy of his Honorable Discharge Certificate; a copy of his application to the VA requesting a disability pension; a letter notifying him of his award of disability compensation; a notice of treatment for a service-connected problem; a letter advising him of an increase in his award; and a statement in his own behalf. The applicant previously submitted a copy of a citation for award of the Bronze Star Medal.  

5.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from his WD AGO Form 53-55, excerpts from the applicant's Department of Veterans Affairs (VA) file, and the 22nd Infantry Regiment unit historical records.

6.  The applicant departed the continental United States (CONUS) on 6 June 1944 enroute to the European Theater of Operation (ETO), arriving on 14 June 1944.  He served in the ETO as an infantry squad leader with Company C, 22nd Infantry Regiment, 4th Infantry Division.  As one of the infantry regiments of the 4th Infantry Division, the 22nd Infantry Regiment was positioned in the Hurtgen Forest as one of units participating in a combined offensive by the First and Ninth U.S. Armies to close to the Rhine River.  The 22nd Infantry Regiment spent 18 days in the Hurtgen Forest.

7.  The applicant departed the ETO on 3 July 1945 and arrived in CONUS on 11 July 1945.  On an unknown date at Headquarters, 4th Infantry Division, Camp Butner, North Carolina, the applicant was awarded the Bronze Star Medal.  He was cited for meritorious service in connection with military operations against an 

enemy of the United States in France, Belgium, Luxembourg, and Germany during the periods 6 June to 24 December 1944, 27 December 1944 to 13 April 1945, and 29 April to 8 May 1945.  It was noted that when the company clerk was killed, the applicant assumed the duties of maintaining the company’s records.  It was also noted that despite intense enemy fire, which covered all routes of approach to the company’s forward positions, he made frequent trips to the front, aiding in company supply, and that, on one occasion while aiding in the evacuation of casualties, he was wounded himself.  However, since he was the only remaining member of the unit with knowledge of the records, he refused to be evacuated.

8.  The applicant was separated from military service with an honorable discharge on 6 November 1945 in the rank of staff sergeant.  His WD AGO 53-55 credits him with award of the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with three Bronze Service Stars, and the Combat Infantryman Badge (CIB).  

9.  On 24 November 1945, the VA notified the applicant that his VA Form 526, Application for Pension, had been received and would be given all necessary attention and action.  On 15 December 1945, the VA notified the applicant that he had been awarded a 10 percent disability rating for a war service-connected disability (upper back pain).  The pension was in the amount of $11.50 and was effective 7 November 1945.  

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (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.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.

12.  Army Regulation 600-8-22 (Military Awards) 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.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army of Occupation Medal (AOM) is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For Germany, service must have been between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, will show whether or not a World War II unit was authorized occupation credit and, thus, entitlement to the AOM.  This document shows that the 22nd Infantry Regiment, 4th Infantry Division was credited for occupation duty in Germany from 2 May - 21 May 1945.

14.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) list the awards received by units serving in World War II and the Korean War.  This document indicates that the applicant’s unit - the 22nd Infantry Regiment, 4th Infantry Division was cited for award of the Distinguished Unit Citation for the period 26 July - 1 August 1944, on War Department General Orders Number 14, dated 1945 and 16 November - 4 December 1944, on War Department General Orders Number 37, dated 1946. It also shows the applicant’s unit was awarded the Belgian Fourragere.

CONCLUSIONS:

1.  The available evidence indicates that the applicant was an enlisted infantryman when he was wounded as a result of hostile action and that his wound required treatment, but he refused to be evacuated.  This evidence supports the applicant's contention that he is entitled to award of the PH.  Therefore, the Board accepts the evidence noted in the Bronze Star Medal Citation as proof that he was wounded by hostile enemy fire and required treatment.

2.  The Board also notes that the VA certified the applicant for a disability pension for upper back pain resulting from a war service injury with a 10% disability rating.

3.  The evidence of record shows the applicant was awarded the Bronze Star Medal for meritorious service.  He is entitled to a second Bronze Star Medal by virtue of his award of the CIB,  the World War II Victory Medal, the Army of Occupation Medal – Germany Clasp, the Distinguished Unit Citation, and the Belgian Fourragere; None of these awards are reflected on his WD AGO Form 53-55.  

4.  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 WD AGO Form 53-55, Honorable Discharge, awarding him the PH Medal, the Bronze Star Medal with Oak Leaf Cluster, the World War II Victory Medal, the Army of Occupation Medal – Germany Clasp, Distinguished Unit Citation, and the Belgian Fourragere.

BOARD VOTE:  

__KAK__  __MDM__  __TL____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_     Karol A. Kennedy___
		        CHAIRPERSON

INDEX

CASE ID	AR2001062752	
SUFFIX		
RECON		
DATE BOARDED	20020423	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451106	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.