PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 13 May 2003
         DOCKET NUMBER: AR2003085234


         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Ms. Margaret K. Patterson		Chairperson
Mr. Ted S. Kanamine		Member
Mr. Lawrence Foster		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.

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2. The applicant requests, in effect, that he be awarded the Purple Heart (PH).

3. The applicant states, in effect, that he was wounded and did not receive the PH. He claims he was wounded fighting for his country and wants the PH because of the injuries he received while fighting.

4. The applicant’s military records were not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed his records were lost in that fire. However, there were sufficient documents in the reconstructed record to allow the Board to conduct a fair and impartial review of the case.

5. The applicant’s separation document (WD AGO Form 53-55) shows that he was inducted into the Army of the United States and entered active duty on
14 November 1942, and continuously served until being honorably separated on 13 March 1946. It also shows that served in the European Theater of Operations (ETO) with the 405^th Infantry Regiment performing duties as an infantry squad leader from 23 September 1944 through 26 February 1946, and that during his overseas tour he participated in the Rhineland campaign.

6. The applicant’s WD AGO Form 53-55 also shows that during his active duty tenure he earned the following awards: Combat Infantryman Badge (CIB); American Theater Ribbon; European-African-Middle Eastern Theater Ribbon with 1 bronze service star; Army Good Conduct Medal; and World War II Victory Medal. The PH is not included in this list of authorized awards. Further, Item
34 (Wounds Received in Action) contains the entry “None”, which indicates he was not wounded in action during his active duty tenure. The applicant authenticated this document with his signature in Item 56 (Signature of Person Being Separated), thereby verifying that the information contained therein was correct at the time the separation document was prepared and issued on 13 March 1946.

7. Medical Treatment Records provided by the applicant confirm that on
23 February 1945, he experienced headaches and nervousness as a result of one of our own artillery shells hitting the foxhole he was in. The other individual in the foxhole was killed, and the applicant was knocked out. He was hit by a shell fragment that cut his clothes, but did not break his skin.

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8. The applicant was evacuated to a Combat Exhaustion Center because he complained of headaches and nervousness. The treatment record from this facility indicates that he had experienced nervous trouble for the past couple of years and he was diagnosed with Psychoneurosis and Reactive Depression.

9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that the PH is awarded to members who has been wounded or killed as a result of hostile action by an enemy.

10. The awards regulation defines a wound as an injury to any part of the body from an outside force or agent sustained as a result of enemy action. The regulation provides specific examples of injuries that do not support award of the PH. Included in the list of injuries that clearly do not qualify for award of the PH is Battle Fatigue.

11. Paragraph 3-13 of the awards regulation outlines the criteria for the award of the Bronze Star Medal (BSM). Paragraph 3-13d (2) states, in effect, that the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between
7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement was otherwise confirmed by documents executed prior to 1 July 1947. This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders.

12. Paragraph 5-10 of the same regulation provides guidance on the Army of Occupation Medal, which is awarded for service for 30 consecutive days at a normal post of duty while assigned to a qualifying area. For the occupation of Germany, the award is authorized to members who served there 9 May 1945 and 5 May 1955 (Service between 9 May and 8 November 1945 will be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service before 9 May 1945).

13. Paragraph 5-12 of the awards regulation contains guidance on the European-African-Middle Eastern Campaign Medal, and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the ETO.

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14. Department of the Army (DA) Pamphlet 672-1 (Unit Campaign Participation Credit Register-World War II) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II. It confirms that during his tenure of assignment, the applicant’s unit (405^th Infantry Regiment, 102^nd Division) received credit for participation in the Central Europe and Rhineland campaigns of World War II and occupation of Germany credit for the period 2 May through 31 October 1945; and was awarded the Meritorious Unit Commendation for the period 16 November 1944 through 15 April 1945.

CONCLUSIONS:

1. The Board notes the applicant’s contention that he is entitled to the PH for a combat related injury he received during World War II. However, it finds insufficient evidence to support this claim.

2. The applicant’s WD AGO Form 53-55 contains the entry “None” in Item 34 (Wounds Received in Action), and he authenticated this document with his signature, thereby verifying that the information contained therein, to include the Item 34 entry, was correct on the date the separation document was prepared and issued.

3. The medical treatment records provided by the applicant clearly show that he was treated for combat exhaustion and diagnosed with psychoneurosis and reactive depression at a Combat Exhaustion Center in the ETO. However, the specific facts and circumstances of the event that led to this treatment is unclear, and the medical treatment records fail to confirm that the applicant suffered a qualifying wound or injury that entitled him to the PH. The condition he suffered from appears to fit the category of Battle Fatigue, which by regulation does not qualify for award of the PH.

4. The applicant’s separation document indicates that he was never wounded or injured in action, and there is no indication that he was ever recommended for or awarded the PH. This appears to indicate that responsible officials at the time concluded that the applicant’s combat related condition did not entitle him to the PH. Lacking corroborating evidence to show he suffered a qualifying wound or injury as a result of enemy action, the Board must presume regularity in the existing reconstructed records. Thus, it concludes there is insufficient evidence to support the applicant’s claim of entitlement to the PH.

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5. The Board wishes to advise the applicant that it does not question the veracity of his claim that he suffered from a combat related condition that he suffered as a result of the performance of his duties during World War II. Further, it wishes to congratulate him on his outstanding service to our country. However, based on the lack of records and evidence to show that his condition was a qualifying wound or injury that entitled him to the PH, the Board is regrettably compelled to deny the applicant’s PH request. This action is taken in the interest of fairness and equity to all those members who served during World War II and who faced similar circumstances.

6. During the review of this case, the Board discovered that the applicant is entitled to awards that were not included in his separation document. Although the applicant did not request this action, the Board determined it would serve the interest of justice and equity to add these awards to his record at this time.

7. By regulation, the BSM is authorized for members who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy during World War II; for this purpose, the CIB is considered as a citation in orders. Given the applicant was awarded the CIB, the Board concludes that it would be appropriate to award him the BSM based on this regulatory criteria, and to add this award to his record at this time.

8. In addition, the evidence confirms that during his tenure of assignment, the applicant’s unit received campaign participation credit, occupation credit, and awards that entitle the applicant to the following: two bronze service stars with his European-African-Middle Eastern Campaign Medal; Army of Occupation Medal with Germany Clasp; and Meritorious Unit Commendation. Therefore, the Board also finds that it would be appropriate to add these awards to his record at this time.

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

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by:

a. awarding the individual concerned the Bronze Star Medal, for his exemplary conduct in ground combat against an armed enemy between
23 September 1944 and 2 September 1945;

b. showing that he was credited with participation in the Central Europe and Rhineland campaigns of World War II, and as a result earned two bronze service stars with his European-African-Middle Eastern Campaign Medal;

c. showing that he earned the Army of Occupation Medal with Germany Clasp and the Meritorious Unit Commendation; and

d. providing him a corrected separation document that includes these awards.

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

BOARD VOTE:

________ ________ ________ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

____TK__ __LF_ ___MP___ DENY APPLICATION




                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003085234
SUFFIX
RECON
DATE BOARDED	2003/05/13
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1946/03/13
DISCHARGE AUTHORITY	AR 615-365
DISCHARGE REASON	Demobilization
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.