PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           11 July 2002
	DOCKET NUMBER:   AR2001065913

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. John T.Meixell		Member	
	Mr. Harry B. Oberg		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.

3.  The applicant states that his newly-arrived 75th Infantry Regiment was rushed into combat during the Battle of the Bulge.  He was first wounded in his lower back when he was struck by artillery fragments.  He was unconscious for a time but the company medic bandaged his wound and asked him if he wanted to receive the Purple Heart.  He replied, “No.”  Several days later he was wounded again – receiving a cut on his left knee.  The same medic tended his wound and he again requested he not receive the Purple Heart.  He did not desire to receive the Purple Heart at the time because his mother’s brother was wounded during World War I and died of the infection which followed.  She was deeply affected by this event.  He wished to prevent her from hearing of his wounds.  He provides his Report of Separation, WD AGO Form 53-55, as supporting evidence.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from alternate sources.

5.  The applicant was inducted into the Army on 30 June 1943 and entered  active service on 14 July 1943.  He arrived in the European Theater of Operations on 1 November 1944 and departed on 26 February 1946.  He separated on 14 March 1946.  His WD AGO Form 53-55 shows that he was assigned to Company M, 290th Infantry and was awarded the Combat Infantryman Badge, two overseas service bars, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with three bronze service stars, the Army Good Conduct Medal, the World War II Victory Medal, and the Lapel Button.

6.  Army Regulation 600-8-22 provides for award of the Purple Heart for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.  It provides for award of the Bronze Star Medal to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.  It provides for award of the Army of Occupation Medal (Germany clasp) for 30 consecutive days at a normal post of duty in Germany between 9 May 1945 and 5 May 1955.

7.  Department of the Army Pamphlet 672-1 shows that the 290th Infantry Regiment was given occupation credit for Germany for the period 30 May through 4 July 1945.

8.  A review of the historical files of the 290th Infantry Regiment at the National Archives in College Park, MD failed to support award of the Purple Heart to the applicant.  A Report of Action for the period 24 – 31 December 1944 supported his contention that his unit was newly-arrived in Europe and was rushed into combat.  It noted that heavy casualties were suffered in the 3d Battalion on       25 December 1944; however, a listing of casualties was not included.

CONCLUSIONS:

1.  Regrettably, there is insufficient evidence of record to support award of the Purple Heart to the applicant.

2.  The evidence of record does support award of the Bronze Star Medal based upon award of the Combat Infantryman Badge and award of the Army of Occupation Medal (Germany clasp) to the applicant.

3.  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 applicant the Bronze Star Medal and the Army of Occupation Medal (Germany clasp).

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

BOARD VOTE:  

__TSK__  __JTM__  __HBO___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Ted S. Kanamine___
		        CHAIRPERSON

INDEX

CASE ID	AR2001065913	
SUFFIX		
RECON		
DATE BOARDED	2002/07/11	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	Partial Grant	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.