MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 August 2000                  
	DOCKET NUMBER:   AR20000037503

	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. W. S. Chun		Director	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ronald E. Blakely		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:  Reconsideration of the deceased former service member’s (FSM)’s) earlier appeal to correct his records by awarding him the Purple Heart and the Silver Star. 

APPLICANT STATES:  The FSM’s widow reports that he passed away on 
6 June 2000.  In effect, that additional documentation submitted demonstrates that requested awards are justified.  In support of the request, numerous documents are submitted including: recommendations signed by the applicant himself; a letter of support from a retired staff sergeant who opines the applicant should be awarded, at least, a Bronze Star with “V”; additional extracts from World War II histories, pages from his own memories, and photocopies of photographs and maps and drawings.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's previous consideration of the case on 8 April 1998 (COPY ATTACHED).

The submissions constitute new evidence that requires Board consideration.

An individual, who identifies himself as a medical aidman, relates that he removed a small piece of shrapnel from the FSM’s right buttocks and redressed the wound on two other occasions.  He relates that they had no record forms on which to record medical treatment because of the sinking of the SS Cleveland.

The historical accounts are described and the FSM has pointed out where there are discrepancies between those works and his recollection of the incidents.

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 statements of individuals are inadequate as the principal basis for an award of the Purple Heart because they do not fulfill the regulatory requirement that treatment by a medical officer be a matter of record.  This Board normally accepts them only as substantiation of the combat or the enemy origin of a wound for which there is a record of treatment.  There is no record of treatment and the additional statement does nothing to overcome that shortcoming.  

2.  There has been no reasonable explanation as to why the FSM did not clear up the matter of his awards earlier than his 1997 application to this Board.  

Considering that General Patton had award authority to approve the requested awards and that the FSM has claimed to have served him intimately, the totality of the submissions are not convincing.

3.  The opinions of individuals, maps, and extracts from books that do not mention the applicant or the incidents he describes are not evidence relative to the merits of his request.  The evidence submitted does not demonstrate that the FSM was ever recommended for a Silver Star or any personal decoration.

4.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

5.  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.

BOARD VOTE:

__SK____  __JEA__  ___REB_  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2000037503	
SUFFIX		
RECON		
DATE BOARDED	20000808	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.