MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           21 December 2000                  
	DOCKET NUMBER:   AR2000044224

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Ernest W. Lutz, Jr.		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 his WD AGO Form 53-55, Enlisted Record and Report of Separation, be corrected to show that he was awarded the Purple Heart.

APPLICANT STATES:  He was wounded in combat in Germany on 14 April 1945 and should be awarded the Purple heart.

In support of his request, he submits a copy of his WD AGO Form 53-55, a copy of a Western Union Telegram advising his mother that he had been injured in Germany on 14 April 1945 and a copy of a Washington, D.C. news release published in his local paper which shows that he was wounded.

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

His WD AGO Form 53-55 shows that he was inducted on 18 July 1944 and served in the European Theater of Operations from January 1945 to June 1946.  He was honorably separated at demobilization on 19 June 1946 in the grade of sergeant.

His awards include the Combat Infantryman Badge (CIB), the World War II Victory Medal, the European-African-Middle Eastern Campaign Medal with 3 Bronze Service Stars, the Army of Occupation Medal (Germany), the Good Conduct Medal, the World War II Honorable Service Lapel Button and the Marksman Badge with Rifle Bar.  The Purple Heart is not listed as an authorized award.

Block 34 (wounds received in action) of the WD AGO Form 53-55 reflects the entry “None”.

The Western Union Telegram from the Office of the Adjutant General is dated 30 April 1945 and advises his mother that he had been “injured” in Germany on 14 April 1945.  The telegram provides no further details regarding the injury.

The undated newspaper articles he submitted indicate that the applicant, by name, was among a list of local men who were wounded in Europe.

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 by a medical officer, 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 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.  Unfortunately, the documentation submitted by the applicant does not meet the standard for award of the Purple Heart.

2.  The Western Union Telegram refers to his being “injured”, as opposed to wounded, in Germany but provides no details regarding that injury and the newspaper article also does not specify that he was wounded in action.  In the absence of more specific information regarding his injuries, it is not possible to determine whether or not they were a result of combat with the enemy.  Accidental injuries received in a combat zone, not directly attributable to an act of the enemy are not considered wounds received in action and, thus do not entitle an individual to the Purple Heart.

3.  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 satisfies this requirement.

4.  Nonetheless, in reviewing his case it was noted that he is entitled to the Bronze Star Medal for having received the CIB during World War II.  Accordingly, the Army Review Board Agency Support Division, St. Louis will be requested to issued him a Bronze Star Medal.

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.
NOTE:  The Army Review Board Agency, St. Louis is requested to issue the applicant a Bronze Star Medal based on his award of the CIB during World War II.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

____kka _  ____gjw _  ____ewl_  DENY APPLICATION

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

INDEX

CASE ID	AR2000044224	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001221	
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.