MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            24 July 2003      
	DOCKET NUMBER:   AR2003086200

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Ms. Yolanda Maldonado		Member	
	Mr. John P. Infante		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 the WD AGO Form 53-55 (Enlisted Record and Report of Separation) of her deceased spouse, a former service member (FSM), be amended to add the Purple Heart.

APPLICANT STATES:  That, while in the Battle of the Bulge, the U. S. Air Corps mistook the FSM's troop for the enemy and bombed them.  The FSM was buried alive when the dirt started flying.  Luckily, it was discovered he was missing and he was dug out.  He was dusted off and sent into battle.  However, he started having severe headaches and backaches.  After he was discharged, he went for treatment.  They found his spinal column had been chipped when all that dirt fell on him.  The chip traveled up and down his spinal column and could not be removed as each time they performed a myelogram the chip was in a different place.  

EVIDENCE OF RECORD:  The FSM's military records were presumably lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from alternate sources including his WD AGO Form 53-55 and his WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement).

The FSM was inducted into the Army on 22 April 1943 and entered active duty on 29 April 1943.  He arrived in the European-African-Middle Eastern Theater of Operations on 28 December 1943.  He departed the theater on an unknown date, arrived in the States on 31 August 1945, and separated on 27 October 1945.  

Item 11 (List all significant diseases, wounds, and injuries) of the FSM's WD AGO Form 38 contains the entry, "Back injury caused by concussion 44 France."

The applicant's WD AGO Form 53-55 shows he was awarded the Army Good Conduct Medal, the European-African-Middle Eastern Service Ribbon with one silver service star, and the Combat Infantryman Badge.  Item 34 (Wounds) contains the entry, "None."

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

Included as part of the Department of Defense Appropriations Act for fiscal year 1994 was an amendment to the rules governing award of the Purple Heart.  While the original rules established that the Purple Heart would be awarded to individual's killed or wounded as a result of hostile action the amendment enabled the Secretaries of each department to award the Purple Heart to members of the armed forces who were killed or wounded in action by weapon fire, while directly engaged in armed conflict, other than as the result of an act of an enemy of the United States.  This ruling, in effect, granted the service Secretaries the authority to award the Purple Heart to individuals directly engaged in armed conflict who were killed or wounded as a result of "friendly fire."

Army Regulation 600-8-22 provides for the award of the Bronze Star Medal to any person who distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy.  It also provides for award of the Bronze Star Medal to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.  

Army Regulation 600-8-22 provides for award of the World War II Victory Medal for service between 7 December 1941 and 31 December 1946.  

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 considered the applicant's statement regarding the circumstances of the FSM's injuries; however, the statements of individuals are normally inadequate as the sole basis for an award of the Purple Heart because they do not fulfill the regulatory requirement that there be a record of medical treatment.  

2.  The WD AGO Form 38 is insufficient corroborating evidence.  That document does not indicate how the concussion which caused the back injury occurred.  In addition, the Battle of the Bulge was fought in Belgium and Luxembourg, not in France, which would tend to indicate that his injuries occurred sometime other than during the Battle of the Bulge.

3.  The FSM's WD AGO Form 53-55 should be administratively amended to add the World War II Victory Medal.  In addition, he met the eligibility criteria for award of the Bronze Star Medal based upon award of the Combat Infantryman Badge.  His WD AGO Form 53-55 should also be administratively amended to add the Bronze Star Medal.

4.  Regrettably, 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 Board requests that the Army Review Boards Agency Support Division – St. Louis amend the FSM’s WD AGO Form 53-55 by adding the World War II Victory Medal and the Bronze Star Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__aao___  __ym____  _jpi____  DENY APPLICATION

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

INDEX

CASE ID	AR2003086200	
SUFFIX		
RECON		
DATE BOARDED	20030724	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.