MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 JUNE 2003                  
	DOCKET NUMBER:   AR2002081953

	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. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Eloise C. Prendergast		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:  He was riding in the back of a vehicle when "an artillery shell shot off 3 tracers that signified an air raid."  He states the vehicle driver "went to black out drive conditions" and then failed to negotiate a curve properly, resulting in the truck rolling over.  The applicant states that he "awoke in an ambulance that was heading to the airport for evacuation."  He states that he was a member of the 306th Regiment of the 77th Army Infantry Division at the time. Beyond his self-authored statement, the applicant submits no evidence in support of his request.

EVIDENCE OF RECORD:  The applicant's military records were apparently 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 entered active duty on 28 August 1942 and arrived in the Asiatic-Pacific Theater of Operations in April 1944.  While overseas he was a member of the 306th Infantry and was awarded the Combat Infantryman Badge.

The applicant returned to the United States in November 1945 and on 
23 November 1945 was honorably discharged as a result of demobilization.  His separation document, which he authenticated, does not reflect entitlement to the Purple Heart and item 34 (wounds received in action) reflects "NONE."

There were no medical records available to the Board and the applicant did not provide any.  Additionally, a review of the files maintained by the Office of The Surgeon General, commonly referred to as the SGO files, also failed to show any entries concerning the applicant.

A review of the historical files of the 306th Infantry at the National Archives in College Park, Maryland failed to show the applicant was entitled to the Purple Heart.

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.

Army Regulation 600-8-22 also provides for award of the Bronze Star Medal to individuals who were awarded a Combat Infantryman Badge during World War II. Although the applicant was authorized issuance of the Bronze Star Medal in September 2002, there is no indication the award was added to his separation document.

A review of Department of the Army Pamphlet 672-1 notes that the applicant’s unit (306 Infantry) was credited with one assault landing (Tokashiki Shima) and awarded the Philippine Presidential Unit Citation while the applicant was a member of the organization.  None of those entitlements are reflected on the applicant’s 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.  Unfortunately in the absence of more conclusive evidence, the Board concludes there is insufficient evidence available which confirms the applicant was wounded as a result of hostile action during World War II and as such, no basis for an award of the Purple Heart.  

2.  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.

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.

NOTE:  Officials at the Army Review Boards Agency Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect award of the Bronze Star Medal based on his Combat Infantryman Badge, a Philippine Presidential Unit Citation, and credited with one assault landing while assigned to the 306th Infantry Regiment.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__RVO __  __JPI  __  __ECP __  DENY APPLICATION

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

INDEX

CASE ID	AR2002081953	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030612	
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.