MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           27 February 2001                  
	DOCKET NUMBER:  AR2000050222

	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:

	Mr. John N. Slone		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Melvin H. Meyer		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.

APPLICANT STATES:  That he was a prisoner of war (POW) from 16 September 1944 to 18 May 1945 and he understands that he is entitled to the Purple Heart because of his POW status.

In support of his request, he submits a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation and a copy of his WD AGO Form 100, Separation Qualification Record.

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

He was inducted on 24 July 1943, was awarded the military occupational specialty of rifleman and served with the 179th Infantry, 45th Division in the European Theater of Operations from January 1944 to May 1945.  He was a POW of the German government from 16 September 1944 to 18 May 1945 and upon release from captivity, he returned to the States and was honorably discharged on 21 October 1945 in the grade of corporal.

His WD AGO Form 53-55 shows the following awards: The European-African-Middle Eastern Campaign Medal with 2 Bronze Battle Stars, the Good Conduct Medal and the World War II Honorable Service Lapel Button.  Additionally, information in his record shows that in March 1989 he was awarded and issued the POW Medal.

Documents elsewhere in his record show that he was authorized the Combat Infantryman Badge (CIB) as of 1 May 1944.

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

The record contains a copy of the Statement of Report or Interview of Recovered Personnel prepared following his release from captivity.  This statement outlines the circumstance of his capture and incarceration but discloses no information that he was wounded prior to or during his captivity.

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. Further, the Purple Heart may be awarded to individuals wounded while prisoners of foreign forces, upon submission by the individual of an affidavit that is supported by a statement from a witness, if this is possible.

During World War II and the Korean War the Purple Heart was not awarded to soldiers who had been injured while in captivity.  Injuries sustained while a POW were considered to be the results of war crimes and not of a legal action of war.  War Department policy, at the time, required that wounds must have been received in action against the enemy or, in other words, incurred in actual combat.  Subsequent public laws and executive orders provided more latitude with respect to award of the Purple Heart to POW’s, as well as the authority to award the decoration to wounded soldiers even in the absence of a formal declaration of war.  The issue as to whether this change in policy would be implemented retroactively to POW’s from World War I, World War II and the Korean War was considered several times.  Initially it was decided that the change in policy would not be retroactively implemented.  It was concluded that it would be inappropriate for the Department of the Defense to retroactively change the standards and, in effect, countermand the decisions of the past leadership.  However, as part of the National Defense Authorization Act of 1996 Congress authorized award of the Purple Heart to any former POW who was wounded before 25 April 1962 while held as a POW, or while being taken captive, in the same manner as a former POW who was wounded on or after that date.

Subsequent to the cessation of hostilities during World War II, the regulation governing the award of the Bronze Star Medal (BSM) 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.

The awards regulation also authorized the American Campaign Medal for service in the American Theater between 7 December 1941 and 2 March 1946; and, the World War II Victory Medal for service between 7 December 1941 and 31 December 1946.

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.  As noted above, having been a POW does not automatically confer entitlement to the Purple Heart.  The individual must be able to show that he was wounded as a result of hostile action during the process of being taken captive or while he was a POW.

2.  Unfortunately, there is no evidence in the available records, which shows that the FSM was wounded by hostile fire, wounded while being taken captive or while being held as a POW.  There are no grounds therefore, to award the Purple Heart.

3.  Notwithstanding the foregoing, based on the applicant’s period of service in the European Theater of Operations, he is entitled to the BSM based on having been awarded the CIB, the American Campaign Medal and the World War II Victory Medal.  The Army Review Boards Agency Support Division, St. Louis will be asked to issue these awards to him.

4.  In view of the foregoing, there is no basis for granting the applicant's request for 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, St. Louis is requested to issue the CIB, the BSM, the American Campaign Medal and the World War II Victory Medal to the applicant, and publish a correction to his WD AGO Form 53-55 reflecting all of the awards to which he is entitled.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jns____  ___rwa__  ___mhm_  DENY APPLICATION

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

INDEX

CASE ID	AR2000050222	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010227	
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.