MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 November 2000                   
	DOCKET NUMBER:   AR2000042994

	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. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Martha E. Schuler		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 to be awarded a second oak leaf cluster to his Purple Heart Medal.

APPLICANT STATES:  In effect, that he is entitled to a second oak leaf cluster for a third combat related injury.  While waiting to be evacuated for additional treatment from a previous combat related shrapnel injury, he was wounded again in the back by another shrapnel.

EVIDENCE OF RECORD:  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information contained herein was obtained from alternate sources.

The applicant was inducted into the Army on 5 April 1943 and entered active duty on 12 April 1943.  He arrived in the European-African-Middle Eastern Theater of Operations on 5 June 1944.

His Enlisted Record and Report of Separation Honorable Discharge WD AGO 
Form 53-55; item 34 (Wounds Received in Action) shows that he was wounded on two separated occasions.  The first injury occurring on 18 September 1944, in Holland and the second injury occurred on 10 January 1945, in Belgium.  It does not show a third injury.

The applicant departed the Theater on 21 September 1946 and was discharged on 29 November 1946.  His WD AGO Form 53-55, shows that he was awarded the Purple Heart Medal w/one oak leaf cluster, the Combat Infantryman Badge, the Parachutist Badge, the European African-Middle Eastern Theater Ribbon, the Distinguished Unit Badge, the Bronze Arrow Head Medal, the World War II Victory Ribbon and the Army Occupation Medal.

Army Regulation 600-8-22 prescribes procedures and eligibility criteria for award of military decorations.  In pertinent part, it states that a Purple Heart is authorized for the first wound suffered while in any action against an enemy of the United States.  For each subsequent award an Oak Leaf Cluster will be awarded.  Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion or agent.

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.  While the applicant maintains that he was wounded on three separate occasions, the evidence available to the Board substantiates only two battle-related injuries.  There is no evidence, nor has the applicant provided any evidence, which shows that he was wounded or was treated for a third injury due to hostile action.  Therefore he does not meet the criteria for a second oak leaf cluster. 

3.  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

__wtm___  __jea___  __mes___  DENY APPLICATION

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

INDEX

CASE ID	AR2000042994	
SUFFIX		
RECON		
DATE BOARDED	20001116	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.