MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           6 June 2002                   
	DOCKET NUMBER:   AR2001063938

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Thomas E. O'Shaughnessy		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 he be awarded the Purple Heart for a wound sustained in April 1945 during World War II (WWII).

APPLICANT STATES:  When an enemy bullet hit his rifle the rifle struck him, and he was later hit by shrapnel from an enemy rifle grenade, which caused a flesh wound which he treated himself.  He adds that he didn’t have time to go to an aid station since his unit was under fire and moving.  The wound eventually healed by itself.

In support of his request the applicant submits a statement from a man who states that the applicant “and his rifle (M1) was hit and pinned down in a ditch.”
 
EVIDENCE OF RECORD:  The applicant's military records were not locatable and are presumed to have been destroyed in the fire at the records repository in 1973.  The following information was obtained from a copy of the applicant’s separation documents, which he, himself, provided.

The applicant was inducted on active duty on 20 September 1943, was awarded the military occupational specialty of cannoneer, and was promoted to private first class.  He served in the European theater from 10 April 1944 to 18 December 1945.  He was credited with participation in the Central Europe, Normandy, Northern France, and Rhineland campaigns.  His awards include the European-African-Middle Eastern (EAME) Service Medal, the Good Conduct Medal, the WWII Victory Medal, and the Lapel Button.  The Purple Heart is not shown as an authorized award; neither does the document show that he was wounded in combat.

The applicant reentered active duty in his enlisted status on 30 June 1949.  He was wounded by an enemy machine gun while in combat in Korea on 7 August 1950.  He was honorably discharged in pay grade E-4 on 20 August 1952.  The separation document he was issued for that period of service shows that he was assigned to Headquarters Battery, 4052nd ASU which in Korea, and he was awarded the Purple Heart, the Presidential Unit Citation, the Combat Infantryman Badge, and the Korean Service Medal.

On 15 October 1992 the (then) Army Reserve Personnel Center issued the applicant a DA Form 1577, Authorization for Issuance of Awards, which credited the applicant with the Purple Heart, the Good Conduct Medal, the Presidential Unit Citation, the EAME Campaign Medal with 4 bronze service stars, the Army of Occupation Medal with Germany Clasp, the National Defense Service Medal, the Korean Service Medal, the Combat Infantryman Badge, the United Nations Service Medal, and the Honorable Service Lapel Button, WWII.  On this form it was also stated that the applicant was authorized to wear a foreign decoration, the Republic of Korea Presidential Unit Citation.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.

Army Regulation 600-8-22 provides for the award of the United Nations Service Medal (UNSM) to soldiers who were dispatched to Korea or adjacent areas for service on behalf of the United Nations in the action in Korea between 27 June 1950 and 27 July 1954.  This regulation also provides for the award of the National Defense Service Medal (NDSM) for members of the U.S. Armed Forces serving on active duty during the same period established for the award of the UNSM.  

Army Regulation 600-8-22 provides for the award of bronze service stars on service medals for each recognized campaign a soldier is credited with serving.

Army Regulation 600-8-22 provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility. -- For Germany service must have been between 9 May 1945 and 5 May 1955.

Department of the Army Pamphlet 672-1 lists the unit awards for WWII and Korea.  Headquarters Battery, 4052nd ASU, is not listed in that publication.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The available records contain no evidence and the applicant has provided no evidence to show that he was wounded in combat during WWII.  In the absence of such evidence, there is no basis for the Board to award the PH to the applicant.

2.  However, the applicant’s WWII DD Form 214 is missing four bronze service stars to his EAME Service Medal and the Army of Occupation Medal, and his Korean War DD Form 214 is missing the NDSM, and the UNSM.

3.  While the DA Form 1577 issued to the applicant show that he is entitled to the Republic of Korea Presidential Unit Citation, the applicant’s unit is not credited with that award.

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, St. Louis, Missouri, will be requested to add four bronze service stars to the EAME Service Medal and the Army of Occupation Medal to the applicant’s WWII DD Form 214, and the NDSM and UNSM to his Korean War DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___sk___  ____jtm__  ___teo___  DENY APPLICATION

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

INDEX

CASE ID	AR2001063938	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020606	
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.