MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           5 October 2000                   
	DOCKET NUMBER:   AR2000038302

	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	
	Mrs. Joyce A. Hughes .		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Jaime Perez		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 he be awarded the oak leaf cluster for his second combat wound.

APPLICANT STATES:  In effect, that he was wounded twice during WWII.  He was awarded the Purple Heart for his first combat injury but he did not receive the oak leaf cluster for his second wounding that occurred in April 1945.  The 
applicant submits a notarized statement from his former executive officer in support of his application.

EVIDENCE OF RECORD:  The applicant's military records are not available.
Information herein was obtained from alternate sources.

After having had prior enlisted service, the applicant was commissioned a Second Lieutenant in the Army on 23 January 1942.

Three Hospital Admission Cards from the Office of the Surgeon General shows that the applicant was treated/hospitalized on three different occasions.  The first report shows that the applicant was treated in July 1944, for a non-battle leg injury.  The second report shows that the applicant was hospitalized in January 1945, for a wound received while in combat.  His Report of Separation from Active Duty (DD Form 214) shows that he was awarded the Purple Heart for that injury and the third shows that the applicant was hospitalized in April 1945, for two illnesses which was characterized as non-battle related.  

There are no orders in the applicant’s military personnel record, which shows that 
he was awarded the oak leaf cluster for a subsequent injury while under hostile action.

On 31 August 1975, after an exemplary military career the applicant was honorably discharged and placed on the retired list in the grade of Major General. He completed 36 years, 6 months and 10 days of total creditable service.  

His awards included the Distinguished Service Medal w/2 oak leaf clusters, the Silver Star, the Legion of Merit w/2 oak leaf clusters, the Bronze Star Medal w/1 oak leaf cluster, the Air Medal, the Joint Service Commendation Medal, the Army Commendation Medal w/metal pendant, the Purple Heart Medal, the American 
Defense Service Medal, the American Campaign Medal, the European-African Middle-Eastern Campaign Medal, the World War II Victory Medal, the National 
Defense Service Medal w/1 oak leaf cluster, the Republic of Vietnam Service 
Medal, the Republic of Vietnam Campaign Medal w/Device (1960), the Republic 

of Vietnam Campaign Medal w/Palm, the Combat Infantryman Badge, the Joint Chiefs of Staff Identification Badge, the Medal of Cloud & Banner (China), the National Order of Vietnam (5th cluster), the Most Exalter Order of the White Elephant (2nd cluster) and the Overseas Service Bar (4).

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 would must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

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 has failed to submit evidence that would satisfy this requirement.

2.  The evidence available to the Board shows that the applicant was treated and was hospitalized during the period in question (April 1945).  However, the evidence shows that the applicant’s hospitalization/treatment was for two illnesses and was not related to combat injuries.

3.  There is no evidence to show that the applicant received a second injury from hostile action that would entitle him to the award of the oak leaf cluster.  Although the applicant submitted a notarized statement from his former executive officer in support of his request the Board is reluctant to authorize such award without substantiating evidence.  If the applicant can provide evidence that he was injured twice while in combat and on two separate occasions he can apply for reconsideration.

4.  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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__slp___  __eja___  __jp____  DENY APPLICATION

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

INDEX

CASE ID	AR2000038302	
SUFFIX		
RECON		
DATE BOARDED	20001005	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.