MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  23 May 2002
	DOCKET NUMBER:  AR2002066479

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Ms. Karen Y. Fletcher		Member	
	Mr. Lester Echols		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, that he receive an unspecified award for shooting down two enemy airplanes and the Purple Heart for injuries to his right leg.

APPLICANT STATES:  The applicant provides documents from his military record, a letter from a former fellow soldier, a military association magazine article from the same writer as the letter, a self-authored portion of a book on the applicant's division, and a DA Form 1577 (Authorization for Issuance of Awards).

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  The limited records available show that he was inducted and entered active duty on 11 November 1942, as a field artillery machine gunner.  He served in the European Theater from 13 August 1944 through 22 June 1945.  Effective 20 November 1945, he was separated from active duty in the grade of private first class.  His authorized awards shown on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) do not include any awards for heroism, meritorious service, or the Purple Heart.  Block 34 (Wounds Received in Action) states "None."

A Final Payment Work Sheet in the available record shows that the applicant was not receiving expert or combat infantry pay at the time of his separation.

The letter and the 95th Division Journal article are from the same former fellow soldier.  They recount an incident he witnessed where he credits the applicant with shooting down an enemy airplane but makes no mention of the applicant being wounded or injured during the incident.  He does mention that the applicant was assigned to a field artillery unit.

There is no evidence in the available record to show that the applicant was recommended for or awarded an individual decoration for heroism or meritorious service in connection with shooting down an enemy airplane.  There is no substantiated evidence to show that the applicant was credited with shooting down one or more enemy airplanes.

The portion of the book provided by the applicant on the 95th Division contains a self-authored story recounting the same incident discussed above.  The applicant adds in this article that he was grazed on the leg by a piece of metal during the incident.  The article heading includes the applicant's name and the 360th Field Artillery Battalion as his unit.  There is no evidence of record that the applicant was treated for a wound or injury as a result of enemy action.

The applicant provides a copy of an undated DA Form 1577 that shows that the Army Reserve Personnel Center (ARPERCEN) authorized issuance of the Combat Infantryman Badge to the applicant.  There is no documentation in the available record to show the basis for this action and no document was prepared to correct his WD AGO Form 53-55 to reflect this award.

War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The CIB was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the CIB was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  Additionally, World War II holders of the CIB received a monthly pay supplement known as combat infantry pay.  Therefore, soldiers had economic as well as intangible reasons to ensure that their records were correct.  Thus, pay records are frequently the best available source to verify entitlement to this award.

Army Regulation 600-8-22 provides the policy for Army awards.  It 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.

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.  There is no medical evidence of record, or evidence submitted by the applicant, to show that he was wounded or injured as a result of enemy action and entitled to an award of the Purple Heart.

2.  There is no evidence of record to show that the applicant was recommended for an award concerning the shooting down of an enemy airplane or that the circumstances of the incident in question were substantiated by military authorities.

3.  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.

4.  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

__mm___  __kf___  ___le___  DENY APPLICATION

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

INDEX

CASE ID	AR2002066479	
SUFFIX		
RECON		
DATE BOARDED	20020523	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.