MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 January 2001                   
	DOCKET NUMBER:   AR2000048677

	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. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Karen A. Heinz		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 her deceased spouse, a former service member (FSM), be awarded the Purple Heart.  She also requests that she be issued the Army Good Conduct Medal and the Victory Medal which the FSM apparently never received and a silver (service) star to replace one that got lost and which represents the seven major battles he fought in.

APPLICANT STATES:  That the FSM never reported the shrapnel in his legs or the fungus in his ears when he returned to the States.  He failed to do that because he was afraid.  In 1942 he was hospitalized for what he thought was a flu attack. The hospital overlooked his medical problem and said he had a mental problem.  He was released, he went on maneuvers with his unit, and while on maneuvers his appendix burst.  He almost died, but he survived and went with his division to Italy.  She states that she detailed in two letters submitted with a previous application (which was administratively closed, the letters are not available) how he got the shrapnel in his legs when there was a direct hit on his gun position in the Po Valley.  She thinks that more than likely the reason he never reported the shrapnel was because he felt they would once again ignore him.  Maybe he did report it and they did ignore him.  The war ended and again he failed to report the shrapnel and the fungus because he was afraid they would hospitalize him again and he just wanted to get home.  She has read of veterans receiving a Purple Heart years after they earned the award.  The FSM should be awarded his Purple Heart. 

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

The FSM was inducted into the Army on and entered active duty on 15 June 1942.  He arrived in the European-African Theater of Operations on 19 April 1944.  He was assigned to the 916th Field Artillery Battalion, 91st Division as a radio operator.  His Enlisted Record and Report of Separation, WD AGO Form 53-55, shows that he participated in the Rome-Arno, Northern Appennines, and Po Valley campaigns.  It shows that he was awarded the American Campaign Medal, the European-African-Middle Eastern Campaign Medal, the (Army) Good Conduct Medal, and the (World War II) Victory Medal.  He departed the theater of operations on 30 August 1945 and was separated on 5 November 1945.

Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action 
against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  It also authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945.  A bronze service star is authorized for each campaign listed in Appendix B of this regulation or listed on the WD AGO Form 53-55.  A silver star is worn instead of five bronze service stars.

Department of the Army Pamphlet 672-1 shows that the 916th Field Artillery, 91st Infantry Division participated in three campaigns – the Rome-Arno, the Northern Appennines, and the Po Valley campaigns.

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 Board appreciates the applicant’s concern that her deceased spouse’s sacrifices be properly recognized; however, there is no substantiating evidence to show that he was wounded in action.  In addition, one of the criteria for award of the Purple Heart is that the wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  It is true that the Purple Heart has been awarded to veterans years after they were wounded.  In those cases, however, substantiating evidence was provided which verified the injuries and offered evidence to show treatment had been received or provided plausible explanations as to why there was no record of treatment.  From the applicant’s own statement, it appears that the FSM did not seek medical attention for any wounds he received.

2.  The Board cannot determine how the FSM came to believe he had participated in seven battle campaigns.  His WD AGO Form 53-55 shows that he participated in only three campaigns.  Department of the Army records confirm that the 916th Field Artillery participated in only three campaigns – the three campaigns listed on his WD AGO Form 53-55.  Therefore, it would not be appropriate to issue to the applicant a silver service star when it appears that the FSM was only authorized three bronze service stars to be worn on the European-African-Middle Eastern Campaign Medal.

3.  The FSM was awarded the Army Good Conduct Medal and the World War II Victory Medal and it would be appropriate to issue those awards to the applicant.
The Army Review Boards Agency Support Division will be requested to administratively reissue these medals and the authorized bronze service stars.

4.  Regrettably, in view of the foregoing, there is no basis for granting the applicant's request for award of the Purple Heart.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  The Army Review Boards Agency, Support Division, will be directed to have the applicant issued the Army Good Conduct Medal, the World War II Victory Medal, and three bronze service stars for wear on the European-African-Middle Eastern Campaign Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jh____  __le____  __kah___  DENY APPLICATION

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

INDEX

CASE ID	AR2000048677	
SUFFIX		
RECON		
DATE BOARDED	20010125	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.