MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 September 2000
	DOCKET NUMBER:   AR2000035326

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Antoinette E. Farley		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Elzey J. Arledge, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, correction of his records to show award of the Purple Heart. 

APPLICANT STATES:  That he was supposed to be awarded the Purple Heart, but due to the intensity of battle, this was overlooked.  He recalls that he was with the first wave during the landing at Anzio Italy, when a bomb exploded in the trees above him.  He states, that he was wounded in the head by either shrapnel or tree pieces and was knocked out.  He claims that he was treated at the unit aid station.  He further states that “he was told there was nothing he could do when he left the service.”  He now states that he has found out otherwise and therefore submits his application with a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge).

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from partially reconstructed personnel records.

The available records indicate that he was inducted into the United States Army during World War II on 11 April 1942.  He served in military occupational specialty (MOS) 601 (Cannoneer).  His records show that he was transferred on 2 November 1942 to duties in North Africa (Casablanca).  His unit apparently participated in seven campaigns in the European-African-Middle Eastern Theater of Operations from 18 November 1942 to 27 September 1945, in North Africa, Sicily, Italy, France and Central Europe. 

On 5 October 1945, he was returned to the United States for demobilization.  On 
11 October 1945, he was honorably discharged.  He had 3 years, 6 months and 
1 day of active service and no lost time. The highest rank he attained was pay grade E-3.

His WD AGO Form 53-55, item 32 (Battles and Campaigns) shows that he received credit for seven campaigns during World War II: Tunisia, Sicily, Naples-Foggier, Rome- Arno, Southern France, the Rhineland and Central Europe.  

In item 33 of his WD AGO Form 53-55 (Decorations and Citations) he was shown as being entitled to the award of the Good Conduct Medal and the European-African-Middle Eastern (EAME) Campaign Medal.  Additionally, the World War II Lapel Button was issued.  In item 34 (Wounds Received in Action) on the form the entry is “NONE”.  The applicant signed the WD AGO Form 53-55 in item 
56 (Signature of Person Being Separated).

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded 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, and the medical treatment must have been made a matter of official record.  

Army Regulation 600-8-22 also authorizes a bronze service star (BSS), based on qualifying service, for each campaign listed in Appendix B of this regulation and states that service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  A Silver Service Star (SSS) is awarded in place of five BSS’s.

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

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant, in this case, has failed to submit evidence that would satisfy these requirement.

2.  The applicant’s WD AGO Form 53-55, which was in his own hand at the time of his separation from the service, does not show the Purple Heart as an authorized award.  The form also shows that he was not wounded or treated for wounds as a result of hostile action other than his personal statement

3.  Therefore, in view of the lack of positive evidence in his service records it appears that he was not wounded or treated for wounds as a result of hostile action. Therefore, the Board finds that the applicant is not entitled to the Purple Heart.

4.  However, the Board notes that the applicant’s WD AGO Form 53-55 has an incomplete listing of the awards to which he is entitled.  His WD AGO Form shows that he received credit for seven campaigns during World War II.  He is therefore entitled to the award of one SSS and two BSS for wear on the EAME and the World War II Victory Medal. 

5.  In view of the foregoing, there is no basis for granting the applicant's request for award of the Purple Heart.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  Request that the Army Review Boards Agency (ARBA), Support Division, St. Louis furnish the individual concerned a DD Form 215, (Correction to DD Form 214) to correct item 33 of his WD AGO Form 53-55 to show that he is entitled to award of one SSS and two BSS for wear on his EAME and the World War II Victory Medal. 

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__rvo____  __mkp__  __eja____  DENY APPLICATION

Carl W. S. Chun
Director, Army Board for Correction
of Military Records

INDEX

CASE ID	AR2000035326	
SUFFIX		
RECON		
DATE BOARDED	20000915	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451011	
DISCHARGE AUTHORITY	AR615-365 	
DISCHARGE REASON	DEMOBILIZATION	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	100.00	
2.	A00.00	
3.	A	
4.	A	
5.		
6.