MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           11 June 2002
	DOCKET NUMBER:   AR2001065950

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Harry B. Oberg		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 his military records be corrected to show he was awarded the Purple Heart.

APPLICANT STATES: In effect, that while serving in World War (WW) II as a medic, with the 78th Division, he was wounded on the left side of his head by small arms fire.  He implies that his injury was not officially documented because there were too many injured soldiers and as a medic his services were needed.  He believes this injury qualifies him for award of the Purple Heart.

EVIDENCE OF RECORD:  The applicant's military records show:

His War Department (WD) Adjutant General Office (AGO) 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) shows that he was inducted on 4 March 1943 and served in the European-African-Middle Eastern (EAME) Theater of Operations from 25 October 1944 to approximately 7 December 1945, where he was assigned to Company A 303rd Medical Battalion.  He was honorably separated at demobilization on 12 December 1945, in the rank of technician fifth grade.  Block 34 (Wounds Receive in Action) contains the entry "None".

His awards include the American Theater Ribbon, the EAME Theater Ribbon with 3 bronze service stars, the Good Conduct Medal, the Bronze Star, and the WWII Victory Medal.  The Purple Heart is not listed as an authorized award.

On 12 December 1945, a WD AGO 38 (Report of Physical Examination Of Enlisted Personnel Prior To Discharge, Release From Active Duty Or Retirement) was prepared.  It indicates the applicant took a physical examination prior to discharge.  Item 11 of the form provides for the listing of all wounds and significant injuries.  There is no entry to reflect that he was wounded or treated for a head injury.

The applicant submitted no sworn affidavits, eyewitness statements, certificates, orders, corroborating statements from commanders, leaders, or fellow comrades. 

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.

The same regulation provides that the Army of Occupation Medal (Germany) was awarded for service for 30 consecutive days at a normal post of duty while assigned to the Army of Occupation of Germany (exclusive of Berlin) between 9 May 1945 and 5 May 1955. Service between 9 May and 8 November 1945 would be counted only if the EAME Campaign Medal was awarded for service prior to 9 May 1945.

Department of the Army Pamphlet 672-1, lists units that have been awarded unit citations, campaign and occupation credit, assault credit and foreign awards.  This register shows that Company A 303rd Medical Battalion was an element of the 78th Division, which was awarded the Distinguished Unit Citation, dates not given.

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

1.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Neither is there any evidence that a unit or hospital commander may have awarded him the Purple Heart.  The applicant's statement without supporting official documentation is not sufficient to grant his request for award of the Purple Heart.

2.  Notwithstanding the denial of his request for the Purple Heart, his records substantiate that he is entitled to award of the Army of Occupation Medal with Germany clasp for the period 25 October 1944 through 7 December 1945, and the Distinguished Unit Citation.  The Army Review Boards Agency Support Division, St. Louis will be requested to add these awards to his separation document.

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.

NOTE:  The Army Review Boards Agency Support Division, St. Louis is requested to correct the applicant’s separation record to show that he was awarded the Army of Occupation Medal with Germany clasp, and the Distinguished Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___fne___  ___hbo__  ___rwa__  DENY APPLICATION

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

INDEX

CASE ID	AR2001065950	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020611	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.