MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           29 October 2002                   
	DOCKET NUMBER:   AR2002073844

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Barbara J. Lutz		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 (PH), the Croix de Guerre, and the Expert Marksmanship Qualification Badge with Rifle Bar.

APPLICANT STATES:  He noticed the absence of these awards when he was out processing, but was told it would take hours to days to correct the omissions.  Having been away from his family for over 2 years, he opted not to wait.  However, he was one of two men who fired expert in his company, and he served in the 29th Infantry Division throughout his military service, including when the Division invaded Europe on D-Day.  He was wounded around June 10th, 1944.

In support of his request he submits documents showing that he was “seriously injured in action on 22 June 1944,” and a certificate from the Commanding General, 29th Infantry Division, attesting that the applicant served with the division on D-Day, and served with it continuously until the capture of St. Lo on 18 July 1944.

EVIDENCE OF RECORD:  The applicant's military records, with the exception of his separation document, could not be located and are presumed to have been destroyed in the fire at the records repository at St. Louis, Missouri, in 1973.  

He was inducted in the Army of the United States on 11 February 1943 and entered on active duty on 18 February 1943.  He served in the European Theater of Operations in the Cannon Company, 115th Infantry Regiment, from 3 November 1943 to 18 October 1945.  He was honorably released from active duty in the rank of Tech 4 on 1 November 1945 due to the demobilization of the armed forces.  His separation document shows that he was awarded the Expert Infantryman Badge, the Combat Infantryman Badge (CIB), the WWII Victory Medal, the Honorable Service Lapel Button, the European-African-Middle Eastern Campaign Medal with 4 bronze service stars and arrowhead device, the Good Conduct Medal, and the Distinguished Unit Citation.  Item 34 of his separation document, “Wounds Received in Action,” has “None” entered.

On 3 June 1999, the National Personnel Records Center awarded the applicant the Bronze Star Medal (BSM) based on his award of the CIB.

A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape.  In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC).  Searches of these files show that the applicant was treated for flaming liquid burns in June, 1944.

Department of the Army Pamphlet 672-1, Unit Citation Campaign Participation Credit Register, shows that the 115th Infantry Regiment was awarded the Croix de Guerre for its participation in the Normandy Campaign on 6 and 7 June, 1944.  This pamphlet also shows that the 115th Infantry Regiment received the Army of Occupation Medal, Germany, credit for the period 2 May through 27 December 1945.

Army Regulation 600-8-22 provides, in pertinent part, that the PH is awarded for wounds 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.

Army Regulation 600-8-22 also provides, in pertinent part, that the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose such achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the CIB or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the BSM is to be awarded to individuals who were authorized either badge for service during World War II.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  While the applicant was treated for fuel burns, there is no record of how those burns were sustained, nor does the applicant submit any documentation to show how the burns were sustained.  If they were caused by an accident, the applicant would not be entitled to the PH.  Since there is insufficient evidence to determine exactly how the applicant was burned, he is not entitled to the PH.

2.  As for the Expert Marksmanship Qualification Badge with Rifle Bar, there are insufficient records available on which to award him this qualification badge.

3.  However, the applicant's records clearly show that he was entitled to the BSM based upon his CIB.  He is also entitled to the Croix de Guerre and the Army of Occupation Medal with Germany clasp.  As such, these awards and decorations should be added to his separation document.  However, the addition of these decorations is administrative and does not require the authority of the Board to accomplish.

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.

NOTE:  The Army Review Board Agency Support Division, St. Louis, Missouri, will be requested to add the BSM, the Army of Occupation Medal with Germany clasp, and the Croix de Guerre to the applicant's separation document.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___kak __  ___tap__  ____bjl__  DENY APPLICATION

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

INDEX

CASE ID	AR2002073844	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021029	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.