MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 July 2002
	DOCKET NUMBER:   AR2002067813

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John P. Infante		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.

APPLICANT STATES:  That he was at the 104th Infantry Division’s command post on 10 January 1945 when bombs started falling, apparently “friendly fire.”  They stopped after about 10 minutes.  It happened so fast he does not remember anything else except that he could no longer hear anything.  As he was walked over to the 329th Medical Battalion, he realized his right hand was covered with blood.  Fortunately, the shrapnel cuts were limited to his right hand and, with the exception of one broken finger, were not serious.  The medic captain who treated his hand told his buddy that his wounds were superficial compared to the men who were killed or seriously injured.  He believes initially there was a reluctance to admit that their side had caused this incident and, therefore, the question as to who was entitled to the Purple Heart had less priority than how to cope with this tragedy and continue their advance into enemy territory.  He was happy to have escaped with his life and never followed up to see if other involved soldiers were awarded the Purple Heart.  He provides his Report of Separation, WD AGO Form 53-55, and two pages from the National Timberwolf Association Membership Roster dated June 1997 as supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from alternate sources.

The applicant was inducted into the Army on 6 November 1942 and entered active duty on 20 November 1942.  He arrived in the European Theater of Operations on 7 September 1944.  He departed on 27 June 1945 and separated on 4 December 1945.  His WD AGO Form 53-55 shows his organization as Headquarters and Service Company, 329th Engineer Combat Battalion (104th Infantry Division).

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 by a medical officer, and the medical treatment must have been made a matter of official record.  Individuals wounded or killed as a result of “friendly fire” in the “heat of battle” will be awarded the Purple Heart as long as the “friendly” projectile or agent was released with the full intent of inflicting damage on or destroying enemy troops or equipment.

The historical files of the 104th Infantry Division at the National Archives in College Park, MD were reviewed.  The G-2 (Intelligence) Journal for 10 January 1945 revealed that the command post area was bombed that day and reports indicated that B-17s dropped the bombs.  It was estimated there were 30 – 40 injured with an unknown number of dead.  Two available sets of general orders revealed that five soldiers from the command post area of operations were awarded Purple Hearts for wounds received on this date.

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 evidence of record to show the command post of the 104th Infantry Division was bombed, most likely by friendly forces, on 10 January 1945.  It is noted that the applicant was assigned to a unit in the 104th Infantry Division.  However, there is no substantiating evidence other than his own statement that he was injured as a result of this incident and that his injuries were treated by medical personnel.  This is insufficient evidence to support award of the Purple Heart.

2.  Regrettably, 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__  __  SK    _  _ _JPI  __  DENY APPLICATION

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

INDEX

CASE ID	AR2002067813	
SUFFIX		
RECON		
DATE BOARDED	2002/07/18	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.