MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           2 August 2001 
	DOCKET NUMBER:   AR2000051047

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Barbara H. Lutz		Member	
	Mr. John P. Infante		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:  In effect, correction of his records to show award of the Purple Heart.

APPLICANT STATES:  In effect, he believes he should have received the Purple Heart even though his injuries were not received while he was engaged in action against enemy forces.  In 1943, he and another service member were being transported back to "Tunis No. Africa" after attending Catholic Mass.  The weapons carrier in which they were riding was hit head on by a half-track.  His back, left arm and right leg were injured.  He also broke four ribs.  The service member with whom he was riding died 
2 months after the accident.  He feels that he should have brought up the matter when he was at Camp Devens, Massachusetts, before he was discharged, but he was married and he was very anxious to get home.  He is 82 years old now and in "priority group #5."  A Purple Heart would move him up into "priority group #3."  It is presumed that he is referring to his status with the Department of Veterans Affairs.

EVIDENCE OF RECORD:  The applicant’s military records are presumed lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from a reconstructed record.  The information available consists of an Army of the United States Honorable Discharge Certificate, dated 8 November 1945, a WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), a personal letter, dated 9 April 1984, concerning the pulling and replacement of his teeth, and an Office of the Surgeon General Hospitalization File Listing.

His WD AGO Form 53-55 shows that he was inducted into the Army of the United States on 16 June 1942.  He served in the Eastern Theater of Operations (ETO) from 
19 March 1943-23 October 1945.  His WD AGO Form 53-55 also shows that he participated in the campaigns of Tunisia, Sicily, Naples-Foggia, Rome-Arno, Northern France, Rhineland, and Central Europe, and that he served in military occupational specialty (MOS) 409 (Medical Technician).

On 8 November 1945, he was honorably discharged.  He had completed 3 years, 
4 months, and 23 days of active military service.  His WD AGO Form 53-55 shows that he is entitled to award of the Good Conduct Medal, the Victory Medal, the European-African-Middle-Eastern (EAME) Theater Campaign Medal with Bronze Service Arrowhead, the Presidential Citation for service while assigned to the 10th Field Hospital, the World War II Victory Medal and the Honorable Service Lapel Button (World War II).  

His WD AGO Form 53-55 does not show that he was authorized award of the Purple Heart due to injuries that he received as a result of hostile action.  Neither does his WD AGO Form 53-55 show that he was awarded service stars for the 8 campaigns in which he participated.

The Office of the Surgeon General Hospitalization File Listing shows that hospital admission card data was checked for the period between 1942-1945.  On 25 April 1944, the applicant was treated in a field hospital for malaria.  There is no evidence that the applicant was ever wounded, injured, or otherwise treated. 

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.  Supporting evidence must be provided to verify that the wound was the result of hostile action, the wound must have required medical treatment, and the medical treatment must have been made a matter of official record. 

Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows that the unit to which the applicant was assigned served in the Ardennes-Alsace Campaign from 16 December 1944 to 25 January 1945 and was also awarded the Army of Occupation Medal (AOM) with Germany Clasp for service between 2 May-30 September 1945.  

Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  Army Regulation 600-8-22 also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

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.  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 would satisfy this requirement.

2.  The available evidence does not indicate that the applicant was awarded the Purple Heart, or that he ever qualified for award of the Purple Heart.  Army guidelines provide for the award of the Purple Heart only when a service member is treated for wounds as a result of hostile action.  There is no evidence available to indicate that he was ever wounded or treated for wounds as a result of hostile action.  

3.  Even if available records showed that the applicant was injured in a vehicle accident with friendly forces, there are no special provisions for award of the Purple Heart for such incidents.

4.  Department of the Army Pamphlet 672-1 shows that the applicant is entitled to a bronze service star for his participation in the Ardennes-Alsace Campaign and an AOM with Germany Clasp for his occupation duty in Germany.  Army Regulation 600-8-22 provides for a silver service star to be worn in place of five bronze service stars.

5.  In view of the foregoing, there is no basis for granting the applicant’s request for the Purple Heart.  However, the applicant's records should be corrected to indicate that he is entitled to award of the AOM with Germany Clasp, that he participated in the Ardennes-Alsace campaign, and that he is entitled to a silver star and three bronze service stars for wear on his EAME Campaign Medal.

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

NOTE:  Request that the Army Review Boards Agency (ARBA) Support Division, St. Louis furnish the individual concerned a DD Form 215 to show that he was awarded the AOM with Germany Clasp, a silver service star and three bronze service stars for wear on the EAME Campaign Medal, and that he participated in the Ardennes-Alsace campaign. 

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__rjw____  __bje___  __jpi ____  DENY APPLICATION

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

                                            INDEX

CASE ID	AR2000051047	
SUFFIX		
RECON		
DATE BOARDED	20010802	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19451108	
DISCHARGE AUTHORITY	AR615-365	
DISCHARGE REASON	A04.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.0400	
2.		
3.		
4.		
5.		
6.