MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           17 SEPTEMBER 2002                  
	DOCKET NUMBER:   AR2002074971

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Thomas B. Redfern III		Member	
	Ms. Karen A. Heinz		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:  Award of the Purple Heart.

APPLICANT STATES:  In effect, that he should have been awarded a Purple Heart for wounds he sustained.  In an undated, self-authored statement, he indicates that on 11 April 1945 he was ordered to move a trailer, which was loaded with 50 caliber machine guns.  He notes that while he was trying to hook up the trailer, a mortar round hit nearby and piece of shrapnel "hit [his] arm causing [him] to get [his] left hand caught in the trailer hitch."  He states that another soldier tied a tourniquet around his arm to slow the loss of blood.  He was taken to the first aid station where he was "given first aid…."  He notes the injury was "redressed" by a "medic" when he returned to his company.  He states his company commander told him that he would receive the Purple Heart.  In addition to his self-authored statement, the applicant also submits a photograph of a soldier with a bandaged hand, in support of his request.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed during the 1973 fire at the National Personnel Records Center in St. Louis.  Information contained herein was reconstructed from alternative sources.

The applicant was inducted and entered active duty on 15 September 1939.  He arrived in the European Theater of Operations in January 1945 and returned to the United States in October 1945.  He was discharged on 18 October 1945 as a result of demobilization.  His WD AGO 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), which he authenticated, does not reflect entitlement to the Purple Heart and item 34 (wounds received in action) reflects "None."  Item 34, on subsequent versions of the applicant's separation document, apparently provided by him in support of request for replacement decorations, was altered to reflect "One Left Hand."

There were no medical records available to the Board and information contained in files maintained by the Office of The Surgeon General, commonly referred to as the SGO Files, failed to confirm that the applicant was treated for wounds sustained as a result of hostile action.

The photograph submitted in support of the applicant's petition contains no identifying information and provides no conclusive evidence that the applicant was wounded as a result of hostile action.

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.

By virtue of the applicant's service during World War II is his entitled to the World War II Victory Medal, which was omitted from his separation document.  Additionally, a review of Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit was granted occupation credit in Germany while the applicant was assigned to the unit.  As such he is entitled to the Army of Occupation Medal with "Germany" Clasp.  The award was omitted from his separation document.

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.  There are no medical records, or evidence provided by the applicant, which confirms he was wounded as a result of hostile action during World War II.  Unfortunately, in the absence of more conclusive evidence that the applicant was wounded as a result of hostile action, and that the wound required treatment by a medical officer, the Board is unable to conclude that an award of the Purple Heart would be appropriate.

2.  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:  Officials at the ARBA Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect entitlement to the World War II Victory Medal and the Army of Occupation Medal with "Germany" Clasp.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__EJA __  __TBR __  __KAH __  DENY APPLICATION

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

INDEX

CASE ID	AR2002074971	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020917	
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.