MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            26 AUGUST 2003                  
	DOCKET NUMBER:   AR2003086103

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Robert L. Duecaster		Member	
	Ms. Marla J. N. Troup		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:  Award of the Purple Heart.   

APPLICANT STATES:  That he was a member of Company C, 58th Armored Infantry Battalion, 8th Armored Division.  He was at a roadblock somewhere in Germany and they were attacked.  The other armorer was killed and he was injured and treated at a field hospital.  He received an injury over his eye, which bled a great deal.  He still has the scar.  Sometime after his injury he was presented the Purple Heart.  He can't remember when.  He was left with a            tremor in each hand, but it did not much effect his life or career.  When he was discharged, he did not know enough to have the award of the Purple Heart listed on his discharge paper.  

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

The applicant was inducted into the Army on 11 March 1943, served in the European Theater of Operations in World War II from November 1944 to January 1946, and was discharged at Fort Devens, Massachusetts on 3 February 1946.  He was awarded the Good Conduct Medal, the World War II Victory Medal, the American Theater Campaign Ribbon, the European-African-Middle Eastern Campaign Ribbon, and the Combat Infantryman Badge.  His World War II organization was Company C, 58th Armored Infantry Battalion.  The Unit Citation and Campaign Participation Credit Register shows that the 58th served as an occupation force in Germany from May to July 1945.  The applicant's Honorable Discharge Certificate does not indicate that he was wounded in action.  

The applicant's WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement) shows that he had contacted poison ivy in August 1944 and was hospitalized, sustained an ear disorder in December 1945, and an eye injury in December 1945.  The latter two conditions did not require hospitalization.  The form shows that he had a 2-inch scar to his right eye. 

A 28 June 1954 VA Form 8-564c (Deferred Rating Sheet) indicates that the applicant had submitted a claim for a right eye injury and dental conditions.  The form indicates that there was no record of treatment for an eye disease or injury. The form makes reference to the above-mentioned report of physical examination, and indicated that his claim for any eye injury was deferred. 

Army Regulation 600-8-22 provides 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.

The above mentioned regulation also provides for award of the Bronze Star Medal to each member of the Armed Forces of the United States who, after 
6 December 1941 has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945.  The award of a Combat Infantryman Badge is considered as a citation in orders. 

The Army of Occupation Medal of Germany is awarded for service between        9 May 1945 and 8 November 1945.  Soldiers who served in the European Theater during the occupation of Europe will wear the clasp inscribed "Germany."  
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 has taken cognizance of the applicant's contention and notes the report of physical examination showing that he had an injury to his eye in December 1945 and a 2-inch scar to that eye.  Nonetheless, the evidence does not show that he was wounded in action.  There is insufficient evidence to grant his request for award of the Purple Heart.

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

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 that 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.

NOTE:  The Army Review Boards Agency in St. Louis is requested to correct the applicant's records to show award of the Bronze Star Medal and the Army of Occupation Medal with Germany clasp.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__RJW__  __RLD __  __MJNT _  DENY APPLICATION

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

INDEX

CASE ID	AR2003086103	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030826	
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.	107.00	
2.		
3.		
4.		
5.		
6.