MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            11 June 2002
	DOCKET NUMBER:   AR2002067648

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Harry B. Oberg		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:  Correction of his records to show two awards of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)) and the French Croix de Guerre.

APPLICANT STATES:  That these awards were never listed in his records.  He states that he was kept as a "provisional" on his last trip to Slapton Sands and his unit was "hit" by the Germans on 28 May 1944.  After the main action, he went to help the men in the sand dune lookouts.  He found three men who were badly burned.  While pulling a man through the door, the door frame fell down on them.  He contends that his hands and arms were burned and his upper back was fractured.  He also contends that he was treated and his back bandaged at the Field Hospital.  He states that he was transferred to the "HMS" Anvel on 3 June 1944 and was assigned to the 5th Rangers of the 5th Amphibious Brigade.  He states that he now has 100% combat disability.

In support of his application, he submits four supplemental letters, an outpatient routing slip, administrative information regarding Croix de Guerre, a listing of military personnel who were assigned to the 391st Medical "Coll" Company in Normandy, a letter of transmittal, and a letter awarding the Distinguished Unit Badge.

The applicant was awarded one award of the Purple Heart for wounds sustained in June 1944 and the French Croix de Guerre by the Army Board for Correction of Military Records (ABCMR) of Docket Number AC98-09802 on 4 November 1998.  Therefore, the first award of the Purple Heart and the French Croix de Guerre will not be further discussed.

EVIDENCE OF RECORD:  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 23 January 1943.  He served in the European Theater of Operations from 2 November 1943 through 20 November 1945 and was honorably discharged from active duty on 8 December 1945.

Records available to the Board contain a DD Form 215 (Correction to DD Form 214), dated 22 May 2000, which authorized one award of the Purple Heart for wounds sustained in the European Theater of Operations in June 1944.  However, there is no evidence which shows he was injured or wounded a second time as a result of hostile action during World War II.  

The applicant provided a copy of an Outpatient Routing Slip (appointment date of 15 February 2001) which shows his 50% service connected disability was increased to 100% service connected disability.  

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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

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.  Evidence available to the Board shows the applicant was wounded in June 1944 as a result of hostile action and was awarded the Purple Heart.

2.  The Board considered the applicant's contention that he is entitled to a second award of the Purple Heart for burns he sustained to his hands and arms and fracture to his back.  However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds due to hostile action on a second occasion.  Therefore, there is no basis for granting a second award of the Purple Heart in this case.

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

FNE_____  RTD____  RWA____  DENY APPLICATION

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

INDEX

CASE ID	AR2002067648	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020611 	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	107.0000	
2.		
3.		
4.		
5.		
6.