MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           18 April 2002                  
	DOCKET NUMBER:   AR2001060911

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Ronald E. Blakely		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 (PH).

APPLICANT STATES:  While serving during WWII, he was put in a position approximately 1,000 feet from the enemy line.  On December 16th the Germans unexpectedly advanced by his position and he was forced to hide.  After the Germans left, he made his way through German lines and found elements of the 101st Airborne Division, who were then under heavy fire from the Germans.  During the late afternoon he was hit with scrap, which was bandaged by a fellow soldier.  He then proceeded to attempt to find his unit, but was again curtailed when he was ordered to perform duties as a tank gunner by officers assigned to an armored unit which was attempting to halt a German advance.  He was told by an officer assigned to the tank unit that he was putting him in for a PH and a Bronze Star for the bravery he had shown while a tank gunner.  However, he never received those decorations.

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

He was inducted on active duty on 26 November 1943, was awarded the military occupational specialty of light truck driver, and was promoted to the rank of private first class.  He served in the Central Europe, Rhineland, Ardennes and Northern France campaigns.  He was honorably released from active duty due to the demobilization of the force on 16 January 1946.  His separation documents show that he was awarded the European-African-Middle Eastern Campaign Medal with four bronze service stars, the WWII Victory Medal, and the Good Conduct Medal.

The applicant’s records do not contain any evidence that he was wounded, nor do his records show that he was recommended for the Bronze Star Medal.

In the processing of this case, the Screening Team, Army Review Boards Agency, researched the records of the National Archives.  In that review, the after-action reports of the applicant’s unit were located.  While two enlisted men were reported as being injured by fragments during the time the applicant stated that he was wounded, the applicant was not one of the two men identified as having been wounded.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.

Army Regulation 600-8-22 further provides that formal recommendations and approval in the chain of command are required for all decorations.  All awards, except basic marksmanship badges, must be announced or published in general or permanent orders.  In actual practice even basic marksmanship qualifications are announced in unit orders.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The Board has no doubt that the applicant has accurately recounted a small portion of his WWII experiences.  Unfortunately, there is no evidence in his record which would provide the Board the basis to approve his request.

2.  While not requested by the applicant specifically, the Board considered whether to award the applicant the Bronze Star Medal.  Unfortunately, there is no evidence which would show that he was recommended for that decoration.  Without such a recommendation, it would be inappropriate for the Board to give him that medal at this late date.

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__bje____  ___fne___  ____reb_  DENY APPLICATION

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

INDEX

CASE ID	AR2001060911	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020418	
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.