MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     .

	BOARD DATE:           11 March 2003        
	DOCKET NUMBER:   AR2003083513

	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.  W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler 		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Ms. Shirley L. Powell		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 flying a light observation plane over Germany on 4 April 1945 when he was forced down behind enemy lines when enemy ground fire damaged the fuel system.   He sustained a scalp wound, which bled a lot, and gasoline from the fuel system soaked his left foot and leg.  He and his observer were rescued about 4 hours later.  He was treated for a chemical burn from the gasoline on his foot and leg but he was denied the Purple Heart because the battalion commander said he already had more medals than anyone in the battalion.  He submits a copy of the battalion daily log to substantiate his application. 

EVIDENCE OF RECORD:  The applicant's military records show:

He served in the European Theater of Operations from 22 October 1944 to 28 October 1945 and was released from active duty due to demobilization on 20 November 1945.  Following World War II he affiliated with the Army National Guard, subsequently returned to active duty and retired from active duty with 20 years of active Federal service as a lieutenant colonel on 31 October 1965.

The copy of the log of 342nd Armored Field Artillery Battalion, which the applicant submitted to substantiate his case, has a 1530 hours entry that reads, "Ln Plane (Lt [applicant] Pilot and Lt S____ Observer) forced down thru enemy fire, gas tank shot up."  A 1005 hours entry reads "Sgt. W____'s tank hit by enemy bazooka.  Sgt. W____ received cut over eye, minor damage to tank."

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained in action against an enemy or 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.

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 situation as described does not meet the regulatory requirements for award of the Purple Heart, because there is no record of treatment.

2.  Furthermore, in light of the logged details about Sgt. W___'s wound the evidence is insufficiently convincing to demonstrate that award of the Purple Heart, in contravention of the regulatory requirements, is warranted.  

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

_SAC ___  __TSK __  __SLP___  DENY APPLICATION

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

INDEX

CASE ID	AR2003083513	
SUFFIX		
RECON		
DATE BOARDED	20030311	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.