MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 September 2002
	DOCKET NUMBER:   AR2002072898

	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. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. William D. Barr		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 wounded in Luxembourg on 1 or                   2 November 1944 when he was hit by a bomb on the right leg and knee.  In a letter dated 19 February 2002, he mentioned that he and several other men were in Luxembourg in November 1944 when shrapnel started dropping all around them.  In a letter dated 22 March 2002, he mentioned that in November 1944, prior to Thanksgiving, he and two friends were walking home one evening when they were suddenly under attack by the Germans dropping bombs on the city.  He provides his Report of Separation, WD AGO Form 53-55 as supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records are not available.  Information contained herein was obtained from alternate sources.

The applicant was inducted into the Army on 30 December 1942 and entered active service on 6 January 1943.  He arrived in the European Theater of Operations on 31 January 1944 and apparently served with Battery B, 467th Anti-Aircraft Artillery (AAA) Automatic Weapons Battalion.  He departed the theater on 7 December 1945 and was separated on 25 December 1945.  His WD AGO Form 53-55, item 34, Wounds Received in Action, does not show that he was wounded in action.

On 22 March 1949, the applicant completed a physical examination preparatory to appointment in the Officer Reserve Corps.  The Report of Medical Examination, SF 88, item 20, Skin - Including Hair Distribution, Thickness of Nails, Tattooing, and Scars, indicates there were no significant abnormalities.

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.

The historical files of Battery B, 467th AAA Automatic Weapons Battalion were reviewed at the National Archives in College Park, MD and failed to reveal the applicant's eligibility for award of the Purple Heart.  The After Action Report for the month of November 1944 revealed that the unit saw little action other than observing V-2s flying over the area.  Casualties were listed as 13 sick.  The After Action Report for the month of October 1944 revealed that the last action seen by Battery B was on 22 October 1944, when the 1st platoon was shelled.  (Battery B was also shelled on 20 and 21 October 1944.)  On 18 October 1944, the Battery B area was bombed and strafed by six enemy planes.  Casualties were listed as 18 sick and wounded but were not listed by name.

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 insufficient evidence to show the applicant met the eligibility criteria for award of the Purple Heart.

2.  The unit's After Action Report for November 1944 shows that the unit was not engaged in any significant enemy action during November 1944.  The unit's After Action Report for October 1944 shows it was involved in some enemy action, particularly by being shelled on 20, 21, and 22 October 1944 and by being bombed and strafed on 18 October 1944.  However, the applicant maintained both in his application and in two different letters that he was injured in November 1944.  In addition, a physical examination taken in March 1949 did not reveal that he had any scars or that he had otherwise received any injuries less than five years earlier.  

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

__FNE __  __ BJE  _  __WDB __  DENY APPLICATION 

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

INDEX

CASE ID	AR2002072898	
SUFFIX		
RECON		
DATE BOARDED	2002/09/10	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.