MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            5 November 2002
	DOCKET NUMBER:   AR2002075527

	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:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. Eric N. Andersen		Member	
	Mr. John T. Meixell		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 with 1st oak leaf cluster for wounds received during the Battle of the Bulge.

APPLICANT STATES:  That he was wounded twice during the Battle of the Bulge but never awarded the Purple Heart.  He provides no supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed during the National Personnel Records Center fire in 1973.  Information contained herein was obtained from his Enlisted Record and Report of Separation Honorable Discharge, WD AGO Form 53-55.

The applicant enlisted in the Regular Army on 8 October 1940 and entered active duty on 24 February 1941.  He arrived in the European Theater of Operations on 26 September 1944 and departed on 28 November 1945.  He separated on      11 December 1945.  His WD AGO Form 53-55, item 6 shows he was assigned to Headquarters Battery, 16th Corps Artillery.  Item 34 does not show that he was wounded in action.  He signed the WD AGO Form 53-55.

Around February 1990, the applicant submitted a Department of Veterans Affairs (VA) disability claim contending he was wounded in the back with a gunshot wound in the winter of 1944 and with a shrapnel wound to the left thigh in the winter of 1944 while assigned to Headquarters Battery, 16th Corps Artillery.  He contended that he was treated by a field hospital both times.  The VA requested a search of any Office of the Surgeon General records or sick call reports.  On  18 May 1990, the VA was informed that a search revealed negative results.

No service medical records are available.  No VA medical records are available.

Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  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.  

Army Regulation 600-8-22 states that the Army of Occupation Medal with Germany clasp is awarded for service with the Army of Occupation of Germany between 9 May 1945 and 5 May 1955.

Department of the Army Pamphlet 672-1 shows that XVI Corps along with Headquarters and Headquarters Company and Corps Artillery and Headquarters and Headquarters Battery was given occupation credit for Germany for the period 2 May - 12 June 1945.

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 service personnel and medical records are not available.  A search of Office of the Surgeon General records and sick call reports was negative regarding evidence that would show he was wounded in action.  His VA medical records are not available.  

2.  The applicant's WD AGO Form 53-55, item 34 shows that he was not wounded in action and he had signed his WD AGO Form 53-55 at the time he separated.  

3.  There is insufficient evidence to show the applicant was wounded in action.

4.  There is sufficient evidence to show the applicant met the eligibility criteria for award of the Army of Occupation Medal with Germany clasp.

5.  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 will be directed to award the applicant the Army of Occupation Medal with Germany clasp and to add it to his WD AGO Form 53-55.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__MHM__  __ENA __  __JTM__  DENY APPLICATION

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

INDEX

CASE ID	AR2002075527	
SUFFIX		
RECON		
DATE BOARDED	2002/11/05	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.