MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE: 	     7 June 2000           
	DOCKET NUMBER:    AR2000037081

	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	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. James P. Stueve		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, that his military records be corrected to show that he was awarded the Purple Heart and that he served as a platoon guide.

APPLICANT STATES:  That he joined the 89th Infantry Division in November 1942, serving with them until his discharge on 29 December 1945.  During separation processing he pointed out to the discharging officer that the Purple Heart award was omitted from his record.  The officer told him he could have it taken care of later.  In support of his request, he has provided a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); a copy of his WD AGO Form 100 (Separation Qualification Record), and three eyewitness statements to his wounding.  In addition, he submitted an 89th Infantry Division historical publication extract listing him as a unit member who was awarded the Combat Infantryman Badge and the Purple Heart. 

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  Information herein was derived from documents he has furnished.

His WD AGO Form 53-55 shows that he was inducted on 26 August 1942 and served as a rifleman in the European Theater of Operations.  He was awarded the Combat Infantryman Badge (CIB), the American Campaign Medal, the European-African-Middle Eastern Campaign Medal, the World War II Victory Medal and the Honorable Service Lapel Button.  The WD AGO Form 53-55 does not show the Purple Heart as an authorized award in item 33 (Decorations and Citations).  Also, item 34 (Wounds Received in Action) contains dashes to indicate no entry. He was honorably discharged on 29 December 1945.

The WD AGO Form 100 reflects the entry “Was awarded the Purple Heart for wounds received in Germany.”

The three eyewitness who provided statements in support of his application all claim to have been present when the applicant was shot by a German soldier on 16 March 1945.

TM 12-235 – AFM 35-80-1 (Enlisted Personnel, Discharge Procedures and Preparation of Separation Forms) provides, in pertinent part, that the information contained on the WD AGO Form 100 is obtained during an interview with a soldier versus information obtained from military records. 

Army Regulation 600-8-22 (Military Awards) 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.

The same regulation provides that subsequent to the cessation of hostilities during World War II, the regulation governing the award of the Bronze Star Medal was changed, in part, to provide for the award of this decoration to those individuals who had been awarded the CIB or the Combat Medical Badge for meritorious achievement in ground combat against the armed enemy between 7 December 1941 and 2 September 1945.

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.  The applicant states he was an acting platoon guide.  There is no evidence provided to show that he was ever officially designated a platoon guide.  In the absence of evidence to the contrary, there is no basis to change his record to reflect platoon guide.

2.  The comment on the WD AGO Form 100 and the entry on the 89th Infantry Division historical record indicating the applicant was awarded the Purple Heart were most likely based on the applicant’s own statement as opposed to official military records.  These documents do not provide evidence of the award of the Purple Heart.

3.  The Purple Heart is not awarded for all injuries that occur in combat.  The governing regulation points out that the wound must have required treatment, and the medical treatment must have been made a matter of official record.  The applicant has not provided such medical evidence to support his application.

4.  The three eyewitness statements were reviewed.  However, eyewitness statements written so long after the fact without some official corroboration rarely provide the quality of evidence necessary to support the award of the Purple Heart. 

5.  The applicant hindered his claim by waiting almost 55 years to request the award.  This passage of time has lead to the unknown whereabouts and passing of his former leaders and the difficulty of finding records.  This absence of medical records specifically prevents the verification of the applicant’s scenario of events.  Therefore, his request must be denied.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

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

NOTE:  The applicant’s WD AGO Form 53-55 reflects that he was awarded the CIB during his WWII service. He is therefore, entitled to be awarded the Bronze Star Medal (BSM) based on the CIB.  Accordingly, the Army Review Board Agency, Support Division St. Louis will be requested to correct his separation form to reflect award of the BSM.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___mkp _  ___esc __  ___jps___  DENY APPLICATION

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

INDEX

CASE ID	AR2000037081	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000607	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.