MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 May 2003                   
	DOCKET NUMBER:   AR2003086256

	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. Luis Almodova		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Robert L. Duecaster		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, that he be awarded the Purple Heart and the date and type of wound he sustained be added to his separation document.

APPLICANT STATES:  In effect, that Item 34 of his separation document should reflect, "Gunshot wound left and right shoulders during World War II."

In support of his application, the applicant submitted a copy of his WD AGO 
Form 53-55, Enlisted Record and Report of Separation - Honorable Discharge, with a date of separation of 17 July 1947; a Form 53A, Clinical Record Brief, dated 14 January 1947; and a Form 32d, presumably a hospital diagnosis and admissions report.

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 reconstructed records and other sources.

Records available to the Board show he enlisted and entered on active duty in the Regular Army on 26 October 1945.  The applicant’s WD AGO Form 53-55 shows that he served 1 year, 8 months, and 22 days active Federal service of which 1 year, 1 months, and 26 days were spent in Europe.  He was honorably discharged in the rank of Technician 5th Grade under the provisions of Army Regulation 615-369 for inaptitude or unsuitability on 17 July 1947.

The applicant's WD AGO Form 53-55, which is authenticated in his own hand, does not show award of the Purple Heart in block 33 (Decorations and Citations).  The separation document also shows the entry "None" in block 34 (Wounds Received in Action).  The applicant provided no orders awarding him the Purple Heart.

Block 33, of the applicant's WD AGO Form 53-55 shows that the applicant was awarded the Army of Occupation Medal with Germany Clasp and the World War II Victory Medal.  Block 55 (Remarks) shows he was issued the Lapel Button [properly known as the Honorable Service Lapel Button].

The Board reviewed the medical records provided by the applicant.  The Form 53A, and the Form 32d prepared at the 317th Station Hospital show that the applicant sustained a penetrating gunshot wound, "perforating, chest, right posterior, entering inferior to right scapula, striking right 9th rib and exiting inferior to left scapula," and the "patient was shot by French Gendarme at Mainz-Kastel Bridge at 2000 hours, 10 December 1946."

The official end of World War II in Europe took place on 8 May 1945 with the unconditional surrender of the German Command to the Commander in Chief, 
21st Army Group.  All hostilities on air, land, and sea, had ceased at 0800 hours, 5 May 1945 by all German forces. 

Army Regulation 600-8-22 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 is entitled to award of the Purple Heart.

2.  The surrender by the German Command on 8 May 1945 signaled the official end of the war in Europe.  Hostilities by German Forces had ceased on 5 May 1945.

3.  The gunshot wound that was sustained by the applicant was inflicted by the French Gendarme on 10 December 1946 and was not the direct result of hostile action.  During World War II, France was a friendly nation and allied with the United States.

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___  __mdm___  __rld___  DENY APPLICATION

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

INDEX

CASE ID	AR2003086256	
SUFFIX		
RECON		
DATE BOARDED	20030508	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.	107.0015	
3.		
4.		
5.		
6.