MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 January 2001
	DOCKET NUMBER:   AR2000043397

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		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:  That he be awarded the Purple Heart.  He also requests that his military records reflect the second award of the Bronze Star Medal (BSM) and all awards and decorations to which he is entitled.

APPLICANT STATES:  That he was awarded the second award of the BSM and received a medal by the French government for the 50th anniversary of the D-Day landing.  He states he was injured when his unit, the 743rd tank battalion landed on Omaha Beach on 6 June 1944.  He states that his tank was on fire as a result of enemy fire.  He states that during the evacuation of his tank he received injuries to his hand and arm, and was treated for his injuries by medical authorities.  Also, he states that the medical authorities informed him that he would be awarded the Purple Heart.  In support of his application he submits a copy of his final pay voucher and a handwritten copy of his BSM citation.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information herein was gleaned from a copy of the applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation).  The file did contain WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release From Active Duty or Retirement).

His separation document shows he was inducted on 26 August 1942 and was trained and served as a medium tank driver.  He was awarded the Bronze Star Medal, the European-African-Middle Eastern Service Medal with 5 bronze service stars, and the Good Conduct Medal.  He attained the rank of sergeant and was honorably released from active duty on 1 October 1945.

The applicant’s separation document does not show the Purple Heart as an authorized award.

The applicant’s WD AGO Form 38 dated 30 September 1945, that cleared him for separation, did not indicate that he had sustained a combat wound.

On 23 March 1984 DA Form 1577 (Authorization for Issuance of Awards) reissued to the applicant the Bronze Star Medal, Good Conduct Medal, and issued him the European-African-Middle Eastern Campaign Medal with a Silver Service Star and the Presidential Unit Emblem.  On 5 June 1985 DA Form 1577 issued to the applicant the World War II Victory Medal and the Army of Occupation Medal (Germany).

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.

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.  From a review of available personnel records, there is no evidence to show that the applicant suffered any wounds that would entitle him to the Purple Heart.

2.  The applicant’s medical examination dated 30 September 1945 cleared him for separation and did not indicate that he had sustained a combat wound.

3.  The Board determined that the evidence submitted by the applicant was insufficient for correction of his records to show he was awarded the Purple Heart and the second award of the BSM.

4.  The applicant’s military records were reviewed and appear to reflect all awards and decoration to which he is entitled.

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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__JNS    _  __MHM__  __JTM__  DENY APPLICATION

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

INDEX

CASE ID	AR2000043397	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010118	
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.	107.00	
2.		
3.		
4.		
5.		
6.