MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 July 2002
	DOCKET NUMBER:   AR2001066137

	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	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Arthur O. Omartian		Member	
	Mr. Raymond J. Wagner		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:  Reconsideration of his request for award of the Purple Heart.

APPLICANT STATES:  That he was wounded on 19 January 1945 (his original request stated he was wounded on 19 November 1945).  He provides two “buddy statements” as supporting evidence.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 17 April 2001 (docket number 2000050949).

One statement, from Clarence T___, states that the applicant was coordinating with Private T___ of the 493d Armored Field Artillery (AFA) when their unit came under an enemy artillery attack.  The applicant and Private T___ were hit at the same time, Private T___ severely.  After Private T___ was evacuated to the rear, the aidman returned to their position to dress the applicant’s multiple shrapnel wounds (wounds to his right leg, left hand, and wrist).  The applicant refused medical evacuation.

The second statement, from Chester S___, states that he (Chester S___) was the driver of one of the half-tracks near which one of the enemy shells landed, exploded, and injured the applicant and Private T___. 

A review of the historical files of the 493d AFA at the National Archives, College Park, MD confirmed that Private T___ was wounded on 19 January 1945.  A review of the historical files of the 572d Anti-Aircraft/Automatic Weapons Battalion (AAA AW), the applicant’s parent unit, showed that C Battery was assigned to provide protection to the 493d AFA.  The applicant’s unit (A Battery) was assigned to provide protection to the 495th AFA Battalion.

The 572d AAA AW Battalion’s narrative report for the period 1 – 31 January 1945
shows that C Battery fired rounds and suffered casualties on 18 January 1945.  A Battery fired rounds.  D Battery fired rounds and suffered a casualty when a soldier was pinned under a half-track when it overturned off a bridge.  C Battery attempted to bring one platoon back across the canal and lost one M-15A1 half-track and trailer off a bridge and lost another one hit by an 88 mm shell and burned.  On 19 January 1945 at 9:00 a.m., three casualties (one killed and two wounded in action) were incurred.  They are named but not identified by unit.  On 19 January 1945, C and D Batteries fired rounds and B Battery, 2d Platoon reverted to battalion control.  

Casualties for the month of January 1945 were listed but the applicant’s name was not listed as a casualty.

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’s contention, substantiated by two “buddy statements,” that Private T___ of the 493d AFA was injured on 19 January 1945 was substantiated by a review of the historical files.  However, the historical files show that his unit, A Battery, was in support of the 495th AFA, not the 493d AFA.  They also show that the 572d AAA AW Battalion had several wounded during the month of January 1945 but the applicant was not one of them.

2.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

3.  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

__KAK__  __AOA__  __RJW__  DENY APPLICATION

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

INDEX

CASE ID	AR2001066137	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/07/02	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.