IN THE CASE OF:	

		BOARD DATE:	  7 October 2008

		DOCKET NUMBER:  AR20080013053 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his denial for award of the Purple Heart.

2.  The applicant states, in effect, that:  (a) the Battle of the Bulge was fought under the most extreme winter weather in 50 years and the combat conditions during the day he was wounded were also extreme, with 80,000 American casualties during a 30-day period, which resulted in the loss of thousands of medical records; (b) his decision not to seek medical treatment at the Battalion Aid Station made sense because the station was located on an intersection that was under frequent military and rocket attack; (c) he was wounded during a night patrol and in the heat of combat, he did not realize he was hit with pin point pieces of shrapnel until after daylight; and (d) he was treated by a "combat medic" in the field because his wounds were minor.  He has attempted to locate other Soldiers from his unit and has been unsuccessful.  

3.  The applicant provides a self-authored statement; and an article entitled "The Desperate Hours;" and what appears to be an aerial view of the terrain located near Wiltze, Luxembourg, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070014157, on 21 February 2008.
2.  The applicant provides a self-authored statement delineating the reasons he disagrees with the Board's prior decision.  These reasons are explained above.

3.  The applicant also provides a photograph of what appears to be an aerial view of the terrain near Wiltz, Luxembourg.  He contends that this photograph shows the location of the Battalion Aid Station during the time he was in combat near that location.

4.  The applicant also provides a magazine article entitled "The Desperate Hours" which describes the combat experiences of a sergeant in the 1st Battalion, 112th Regiment, 28th Division.  This article appears to be an advertisement for Don Stivers Publishing.

5.  This evidence is new and was not considered in the Board's previous decision.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while 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 medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  Although the evidence and arguments provided by the applicant are new, they do not provide sufficient evidence to show that the applicant was wounded as a result of hostile action during World War II.  

2.  Regrettably, the new evidence submitted by the applicant is insufficient to establish entitlement to the Purple Heart and does not warrant a change in the Board's previous decision.   

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  ___X____  __X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20070014157, dated 21 February 2008.



      _________X_____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080013053



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ABCMR Record of Proceedings (cont)                                         AR20080013053



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