MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            21 March 2002
	DOCKET NUMBER:   AR2001063235

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. John T. Meixell		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 her husband, a former service member (FSM) be awarded the Silver Star and the Purple Heart.

APPLICANT STATES:  In effect, that her husband’s commander forgot to submit the recommendation for her husband to receive the Silver Star and the Purple Heart, because he was involved in the heat of battle.  She also states that her husband mentioned many times that he was supposed to get the medals but would never apply for them himself because he was a very passive man who never wanted to draw attention to himself.  She also states that her only proof is the scars on her husband’s leg that he received during the Normandy Invasion.  In support of her application she submits a copy of her husband’s report of separation (WD AGO Form 53-55).

EVIDENCE OF RECORD:  The FSM's military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records.  However, the documents submitted by the applicant show:

He was inducted in Detroit, Michigan, on 30 November 1942 and departed for the European Theater of Operations (ETO) on 5 December 1943 for duty as a light truck driver.  He participated in the Normandy, Northern France, Ardennes, Rhineland and Central Europe Campaigns.

He returned to the United States on 6 November 1945 and was honorably discharged at Camp Atterbury, Indiana, on 12 November 1945.  At the time of separation, his WD AGO Form 53-55 indicated that he had no wounds received in action and that he was awarded the Bronze Star Medal, the American Theater Ribbon and the European-African-Middle Eastern Theater Ribbon with five bronze service stars.  He was subsequently awarded the World War II Victory Medal.  It is also noted that the FSM signed his report of separation.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound/injury was a result of hostile action, that the wound/injury must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

That regulation also provides, in pertinent part, that the primary requirement for award of a decoration is that a formal recommendation be prepared and introduced into official military channels within 2 years of the act, achievement, or service to be recognized.  The sole exception to the 2-year time limit occurs when there is conclusive evidence that a formal recommendation was submitted but was lost, or through inadvertence was never acted on by proper authority.  

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 applicant has failed to show through the evidence submitted with her application or the available evidence of record, that her husband was wounded/injured as a result of combat against an armed enemy of the United States or that he was treated for any such wounds.  Accordingly, in the absence of evidence to the contrary, the Board must presume that the actions taken by the Army at the time, which were confirmed by the FSM’s signature at the time, were correct.  Therefore, the Board finds no basis to award him the Purple Heart at this time.

2.  Likewise, the Board finds no evidence to suggest that he was recommended for or should have been awarded the Silver Star.  Therefore, there is no basis to award him the Silver Star.

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

___js____  ___lds___  ___jm___  DENY APPLICATION

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

INDEX

CASE ID	AR2001063235	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/03/21	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  53	107.0007/SS	
2.  61	107.0015/PH	
3.		
4.		
5.		
6.