MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           15 August 2002                   
	DOCKET NUMBER:   AR2002073278

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone 		Chairperson	
	Ms. Irene N. Wheelwright 		Member	
	Mr. Jose A. Martinez 		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, correction of his military records to show award of the Purple Heart for wounds received in action on 23 February 1945.

APPLICANT STATES:  That he was wounded in combat on 23 February 1945.  
He contends that, while constructing a bridge in Germany, he injured his finger as a result of an enemy artillery shell.  He also contends that he refused to be evacuated, that he received first aid at the site and that he continued to help while he had his left hand bandaged.  In support of his application, he submits a letter, dated 22 April 2002; a personal account of his injury; an eyewitness statement, dated 16 August 2001; a letter, dated 16 October 2001, from his physician; a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); a document titled “Operations of the 247th Engineer Combat Battalion in Europe”; a letter, dated 3 October 2001, from the National Archives and Records Administration; Unit Report Number 9, dated 1 March 1945, from 247th Engineer Combat Battalion which shows that four men were killed in action and 19 men were wounded during February 1945; and Standard Form 180 (Request Pertaining to Military Records), dated 24 September 2001.      

EVIDENCE OF RECORD:  The applicant's military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 1 April 1943.  He served as a truck driver in the European Theater of Operations from 30 January 1944 to 18 November 1945 and was honorably discharged on 2 December 1945.

The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received in Action) on the WD AGO Form 53-55 states, “None.”

The applicant’s WD AGO Form 24 (Service Record) does not show entitlement to the Purple Heart in the section for medals and decorations.

There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.  

The applicant provided an eyewitness statement, dated 16 August 2001, from his platoon sergeant at the time in question.  The platoon sergeant attests that the applicant was wounded from German shelling as they were building a bridge across the flooded Roer River in Julich, Germany.  He also states that the applicant received first aid at the bridge site and bravely stayed involved until their mission was accomplished. 
 
The applicant also provided a statement, dated 16 October 2001, from his attending physician.  This letter states that the applicant has clinical evidence of an old crush type injury to the left third finger.

Army Regulation 600-8-22 (Military Awards) 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.

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.  The Board considered the applicant’s contention that he was wounded in combat on 23 February 1945.  

2.  There is no evidence in the available records which shows that he was wounded or injured as a result of hostile action during World War II.

3.  The Board noted the eyewitness statement provided in support of the applicant’s claim for the Purple Heart.  However, this statement made over 
55 years after the fact, is not sufficient by itself as a basis for award of the Purple Heart in view of evidence of record which shows the applicant was not wounded.

4.  Evidence of record does show that the applicant signed his discharge document on 2 December 1945 attesting to the fact that he was not wounded in action and was not entitled to the Purple Heart. 

5.  Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case. 

6.  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.

7.  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

JNS____  INW_____  JAM_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002073278	
SUFFIX		
RECON		
DATE BOARDED	20020815	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.