PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           20 May 2003                   
	DOCKET NUMBER:   AR2002080987

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Ms. Deborah S. Jacobs 		Member	
	Mr. Jose A. Martinez		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The Disabled American Veterans (DAV), on behalf of the applicant, requests, in effect, reconsideration of the applicant's previous application to correct his military records by awarding him the Purple Heart.

3.  The DAV states, in effect, that the applicant was wounded in action in North Africa during World War II. 

4.  Records show that the applicant's original request for award of the Purple Heart (Docket Number AR88-00744) was considered and denied by the Army Board for Correction of Military Records (ABCMR) on 25 January 1989.  However, this Memorandum of Consideration is not contained in the available records; therefore, this case is being considered "de novo."  

5.  The available records show that the applicant enlisted on 6 January 1942.  He served as a rifleman in the European Theater of Operations and was honorably discharged on 2 August 1943.

6.  The applicant's Transcript from Enlisted Record does not show the Purple Heart as an authorized award.  This record also shows the entry, "None" in the section, "Wounds Received in Action."      

7.  The DAV provided an undated copy of a newspaper article titled, "496 NAMES ADDED TO ARMY WOUNDED."  This article shows the applicant was wounded in action in North Africa.

8.  The newspaper article is new evidence and will be considered by the Board.

9.  Army Regulation 600-8-22 (Military Awards) 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.

10.  Army Regulation 15-185 (Army Board for Correction of Military Records) sets forth the policy and procedures for the ABCMR.  It provides that, if a request for reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence that was not in the record at the time of the Board’s prior consideration.  This includes but is not limited to any facts or arguments as to why relief should be granted.  The staff of the Board is authorized to determine whether or not such evidence has been submitted.

11.  Army Regulation 15-185 provides further guidance for reconsideration requests that are received more than one year after the Board’s original consideration or after the Board has already reconsidered the case.  In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously with or within a short time after the Board’s original decision.  If the staff finds such evidence, the case will be resubmitted to the Board.  If no such evidence is found, the application will be returned without action.

CONCLUSIONS:

1.  The Board finds the newspaper article sufficient as a basis for award of the Purple Heart.  Therefore, the applicant is entitled to correction of his military records to show award of the Purple Heart for wounds received in action during World War II.  

2.  In view of the foregoing findings, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that he individual concerned was awarded the Purple Heart for wounds received in action during World War II. 

BOARD VOTE:

MHM____  DSJ____  JAM____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Melvin H. Meyer_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002080987	
SUFFIX		
RECON	Yes	
DATE BOARDED	20030520	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.