MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            31 OCTOBER 2002                  
	DOCKET NUMBER:   AR2002077201

	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. Curtis L. Greenway		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Donald P. Hupman, Jr.		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 records be corrected to reflect award of the Purple Heart and a "meritorious award."

APPLICANT STATES:  He does not remember when he "shed blood" but states that "the Germans blew up every bridge on [the] river except one…."  He notes that his unit was involved in building a "Bailey Bridge" and he was told that he and his men would be recommended for a "meritorious award."  He also states that he lost a lot of men "from enemy fire" and that he "shed blood" and almost lost an eye.  He submits no evidence in support of his request.

EVIDENCE OF RECORD:  The applicant's military records were likely lost or destroyed during the 1973 fire at the National Personnel Records Center.  Information contained herein was reconstructed entirely from the applicant's separation document.

The applicant entered active duty on 19 October 1943 and served in the European-African-Middle Eastern Theater of Operations between April 1944 and December 1945.  According to his separation document, and information provided by the applicant, he was assigned to the 1306th Engineers.  

The applicant was discharged as a result of demobilization on 9 January 1946.  His War Department Adjutant General Office Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), which the applicant authenticated, does not indicate that he was awarded the Purple Heart and item 34 (wounds received in action) reflects "None."  There were no medical records available to the Board.

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.

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 a member of the organization.  He is entitled to the Army of Occupation Medal with "Germany" clasp.

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 is no evidence, and the applicant has not provided any, which confirms he was wounded as a result of hostile action during World War II and as such, there is no basis for an award of the Purple Heart.

2.  Additionally, the Board notes that there is no evidence the applicant, or his unit, were recommended for, or awarded a "meritorious award" as a result of building a "Bailey Bridge" during World War II.

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:  Officials at the ARBA Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect award of the Army of Occupation Medal with "Germany" clasp.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__CLG__  __RKS __  __DPH __  DENY APPLICATION

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

INDEX

CASE ID	AR2002077201	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021031	
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.