MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           26 March 2002                   
	DOCKET NUMBER:   AR2001065438

	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 Amos		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms . Deborah S. Jacobs		Member	
	Mr. Ronald E. Blakely		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 Bronze Star Medal (BSM) for valor and for service and the Purple Heart.

APPLICANT STATES:  That his commander recommended him for award of the BSM for valor and for service.  He was wounded by a shrapnel splinter as a direct result of enemy action shortly before they invaded Sicily in July 1943.  He personally removed the splinter but it became infected and he was shipped to the 56th Evacuation Hospital.  

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from alternate records.

The applicant enlisted in the Regular Army on 8 January 1940.  He arrived in the European-African-Middle Eastern Theater of Operations on 5 September 1942.  

The applicant provides a statement from his former battery commander who stated that during three years of artillery duty the applicant clearly earned but was never awarded the BSM for valor and for meritorious service.  His commander noted the applicant had been wounded in a bombing raid in Tunisia in July 1943.  He pulled a sliver out of his leg and continued on duty but was subsequently flown to an evacuation hospital in Algeria.  On recovery the applicant hitchhiked back to his own unit.  His commander later went on to note that he first met the applicant upon his (the commander’s) transfer from C to A Battery in April 1944.  His commander stated that it was the uniquely conservative culture of their battalion commander, who did not believe in medals, at least in quantity, that led to the applicant not being awarded the BSM.  Only five men out of almost 700 were awarded the BSM though almost every officer and noncommissioned officer in some units automatically received one.  

The applicant’s battery commander prepared a Recommendation for Award, DA Form 638, in which he recommended the applicant for the BSM for valor for driving his battery commander under open .88mm artillery fire twice outside Toulon, France on 23 August 1944 and for service for his cheerful, no-nonsense leadership, his frequent exposure to enemy fire, and his laying and maintaining A Battery’s communication lines across North Africa, through Sicily, into Southern France and into Alsace and the Saarland.

Several Morning Report entries verify the applicant was transferred absent sick (in line of duty) to the 56th Evacuation Hospital on 12 July 1943.  None of the entries explain the nature or cause of the illness.

The applicant departed the Theater of Operations on 26 August 1945 and separated on 7 September 1945.

Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.      The regulation states that the BSM was established by Executive Order 9419,    4 February 1944.  The regulation provides for the award of the BSM to any person who distinguishes 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

In July 2001, the Army Decorations Board determined that the degree of action and service rendered by the applicant did not meet the criteria for award of the BSM for valor.

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 understands the feelings the applicant may have regarding his qualifications for award of the BSM versus the qualifications of others who received the medal.  However, the Board is cognizant that standards for awarding personal decorations differs amongst different commands during the same time period.  As noted by the applicant’s battery commander, one command may have been very liberal in recommending and approving personal decorations while another may have been very sparing in handing out such awards.  The Board has considered the provided DA Form 638 and other supporting evidence and also concludes the degree of action and service rendered by the applicant did not meet the criteria for award of the BSM for valor. The Board finds no inequity in not awarding him the BSM for service because it appears his particular command applied the same award standards to all members of its command.  

2.  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.  The Board notes that the applicant’s battery commander did not meet the applicant until almost a year after he contends he was wounded by a shrapnel splinter and so was not personally aware of the circumstances surrounding the incident.  The Board also notes that the available Morning Report entries do not describe how or what caused the applicant to be hospitalized.  Unfortunately, there is no substantiating evidence to show the applicant met the eligibility criteria for award of the Purple Heart.
3.  The Board deeply appreciates the applicant’s services to the Nation during a time of war.  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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__gdp___  __dsj___  __reb___  DENY APPLICATION

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

INDEX

CASE ID	AR2001065438	
SUFFIX		
RECON		
DATE BOARDED	20020326	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0015	
3.		
4.		
5.		
6.