MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 December 2000
	DOCKET NUMBER:   AR2000044659

	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. James P. Huber		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Kenneth L. Wright		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 a second Purple Heart. 

APPLICANT STATES:  That he was wounded on 27 August 1944 in Marsilles, France and on 27 December 1944 in Manhoy, Belgium.

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

The applicant’s military records were lost or destroyed in the fire that occurred at the National Personnel Records Center in 1973.  The information herein was gleaned from a copy of the applicant’s separation document and reconstructed records.

His separation document shows he was inducted on 18 January 1943 and was trained as scout.  He served overseas for 10 months and 28 days and was awarded the Bronze Star Medal, the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with four bronze service stars, and the Combat Infantryman Badge.  He was honorably released from active duty on 31 July 1945 in the rank of private.

Item 34 (Wounds) of his separation document only shows he was wounded as a result of enemy forces in Belgium on 27 December 1944.

On 11 February 1997 DA Form 1577 (Authorization for Issuance of Awards) issued to the applicant the Purple Heart, the American Campaign Medal, and the World War II Victory Medal.  Also, he was re-issued the Bronze Star Medal, the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with four bronze service stars, and the Combat Infantryman Badge.

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.

The bronze oak leaf cluster is awarded to denote the second and succeeding awards of the certain decorations, among which are the Bronze Star Medal, the Purple Heart and the Meritorious Service Medal.

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 applicant’s separation document shows he was wounded in Belgium
on 27 December 1944 and was awarded the Purple Heart. 

2.  The evidence of record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that he was wounded on 27 August 1944 in Marsilles France.  Therefore, he is not entitled to the second award of the Purple Heart.

3. The applicant did not provide substantiating evidence that he was wounded as a result of hostile action, that his wounds required medical treatment by a medical officer, and that the medical treatment was made a matter of official record.

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

__JPH___  __RJW__  __KLW__  DENY APPLICATION

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

INDEX

CASE ID	AR2000044659	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001219	
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.