MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           3 April 2001                  
	DOCKET NUMBER:  AR2001051168

	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. Walter T. Morrison		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Thomas F. Baxter		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 2nd Oak Leaf Cluster (OLC) to the Purple Heart.

APPLICANT STATES:  That on 22 April 1945, while on a reconnaissance patrol he was wounded by a sniper in the right arm.  Later that day while in enemy territory, he was struck in the leg and back by shrapnel.  He says that he was awarded the 1st OLC to the Purple Heart for these wounds.  He contends that since he was wounded on two separate occasions he is entitled to a 2nd OLC to the Purple Heart.

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

He enlisted on 16 June 1943, was awarded the military occupational specialty of rifleman and served in the European Theater of Operations from April 1944 to August 1945.  He was honorably discharged at demobilization on 15 November 1945 in the grade of private first class.

His awards include the Purple Heart with 1st OLC, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with 3 Bronze Service Stars, the World War II Victory Medal, the Good Conduct Medal, the Combat Infantryman Badge (CIB) and the World War II Honorable Service Lapel Button.  He was subsequently awarded the Bronze Star Medal (BSM) based on the award of the CIB, however, this award is not reflected on his WD AGO Form  53-55, Enlisted Record and Report of Separation.

Battle Casualty Reports in the applicant’s record show that he was wounded in action on 26 September 1944 and 22 April 1945.  He was awarded the Purple Heart with 1st OLC for these two wounds.

An Abbreviated Clinical Record from the 170th Evacuation Hospital shows that the applicant was treated at 2330 on 23 April 1945 for a penetrating wound to the right arm and multiple abrasions to the right thigh and leg.

Army Regulation 600-8-22, Military Awards, provides in pertinent part, that the Purple Heart is authorized for the first wound suffered as a result of an act of a hostile force, but for each subsequent award an OLC will be awarded to be worn on the medal or ribbon.  Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion or agent.

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 contends that he was wounded on two different occasions on the same day and should be authorized two OLC’s to his Purple Heart rather than just one.

2.  While the Board agrees with his contention, the available records do not differentiate the times that he received the bullet wound to the arm and the abrasions to the thigh and leg.  In point of fact, the Abbreviated Clinical Record shows that he was treated for both wounds at 2330 hours on 23 April 1945.  Although both wounds may not have occurred simultaneously, as the record suggests, in the absence of evidence to the contrary, and the applicant has submitted no such evidence, there are no grounds for the Board to approve a   2nd OLC to the Purple Heart.

3.  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 Boards Agency Support Division - St. Louis is requested to issue a correction to the applicant’s WD AGO Form 53-55 reflecting his award of the BSM based on the CIB.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__wtm  __  ___jtm___  ___tfb __  DENY APPLICATION

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

INDEX

CASE ID	AR2001051168	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010403	
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.