MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 August 2001     
	DOCKET NUMBER:   AR2001057802

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Ms. Linda D. Simmons		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:  Award of the Bronze Star Medal and the Purple Heart.  

APPLICANT STATES:  That he was recommended for award of the Bronze Star Medal and that he was hurt while on duty during World War II.  He contends, in effect, that he sustained shrapnel wounds to his legs and face when a bomb went off while doing bomb disposal work.  In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); a copy of a Recommendation for Award of the Bronze Star Medal, dated 1 August 1945; a letter, dated 28 March 1946, from the applicant to The Adjutant General’s Office; a copy of DA Form 1577 (Authorization for Issuance of Awards), dated 2 August 1991; and VA documentation, dated 27 April 1946. 

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

The applicant was inducted on 14 January 1944.  He served as a bomb salvage technician in the Asiatic-Pacific Theater from 10 October 1944 through 
16 February 1946 and was honorably discharged on 10 March 1946.

The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Bronze Star Medal or the Purple Heart as authorized awards. 

The applicant provided a copy of a Recommendation for Award of the Bronze Star Medal, dated 1 August 1945, for meritorious achievement for the period 
25 February 1945 to 16 April 1945.  This award recommendation was addressed through the Division Ordnance Officer of the 1st Cavalry Division, the Division Ordnance Officer of the 37th Division and the Commanding General of the Sixth Army.

There is no evidence in the available records which shows the applicant was awarded the Bronze Star Medal.  There are no orders for award of the Bronze Star Medal in the available records.  His WD AGO Form 24 (Service Record) does not show entitlement to the Bronze Star Medal in the section for Medals, Decorations, and Citations.  
     
There is no evidence in the available records that show the applicant was awarded the Purple Heart or was wounded as a result of hostile action.  There are no orders for award of the Purple Heart in the available records.  Item 
34 (Wounds Received in Action) on the applicant’s WD AGO Form 53-55 states “None” and his Service Record does not show entitlement to the Purple Heart in the section for Medals, Decorations, and Citations. 

The applicant provided a copy of a letter, dated 28 March 1946, to The Adjutant General’s Office in Washington, D.C.  In this letter, the applicant requested that his discharge document be corrected to show injuries that he sustained in Luzon while doing bomb disposal work and correction of his organization to show the 103rd Ordnance Bomb Disposal Squad instead of the 105th Ordnance Bomb Disposal Squad.  The applicant’s records contain a response, dated 23 August 1946, from The Adjutant General’s Office wherein a corrected copy of the applicant’s discharge was prepared to show his correct organization.  However, with regard to the applicant’s request to show injuries that he sustained in Luzon, the letter states “Only those wounds or injuries incurred as a result of action with the enemy are recorded on a discharge certificate”.  

The applicant also provided a copy of VA documentation, dated 27 April 1946, which shows he was awarded service connected disability pension for shrapnel wounds to both legs and face (10%).  

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

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.

Army Regulation 600-8-22 provides in paragraph 3-1c that the decision to award an individual a decoration and the decision as to which award is appropriate are both subjective decisions made by the commander having award approval authority.

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.  Records show the applicant was recommended for award of the Bronze Star Medal on 1 August 1945.  Records also show this award recommendation was properly addressed through the applicant’s chain of command.  However, there is no evidence of record which shows the applicant was awarded the Bronze Star Medal.     

2.  The applicant has not presented any evidence that the award process was flawed or otherwise unjust, improper or inequitable. 

3.  In the absence of evidence showing that the award process in this case was flawed or was improper or that the award was not acted upon, the Board presumes regularity in this case and is not predisposed to award a personal decoration to the applicant.  Therefore, the Board has determined that the evidence is insufficient to award him the Bronze Star Medal.

4.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action during World War II.  Therefore, there is no evidence upon which to base award of the Purple Heart to the applicant.

5.  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.

6.  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

RVO____  CJP_____  LDS____  DENY APPLICATION

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

INDEX

CASE ID	AR2001057802	
SUFFIX		
RECON		
DATE BOARDED	20010830	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0015	
3.		
4.		
5.		
6.