MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 February 2003
	DOCKET NUMBER:   AR2002074661

	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. Fred N. Eichorn		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Eloise C. Pendergast		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:  Reconsideration of his request for award of the Purple Heart.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 7 February 1996 (Docket Number AC95-11639).

The applicant provides no new evidence but offers a new argument.  He contends that any wound suffered in Leipzig, Germany on 18 April 1945 had to be combat related.  He was assigned to Company B, 273d Infantry, 69th Infantry Division at the time.

There is no evidence in the applicant’s available service medical records to show he was treated for any reason after he departed the United States for the European Theater of Operations in August 1944.

Item 11 of the applicant’s WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty, or Retirement) contains the entry, “Left upper eyelid injured-Bn. Aid Station-Germany-April 45.”

The applicant was separated on 18 March 1946.  His WD AGO Form 53-55 (Report of Separation) shows he participated in two campaigns.  It shows he was awarded the Combat Infantryman Badge, the Army Good Conduct Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal, and the World War II Victory Medal.

A review of the historical files of Company B, 273d Infantry Regiment, 69th Infantry Division at the National Archives in College Park, MD failed to show the applicant’s entitlement to award of the Purple Heart.

Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart 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 by a medical officer, and the medical treatment must have been made a matter of official record.

The Bronze Star Medal was established by Executive Order 9419, 4 February 1944.  Army Regulation 600-8-22 provides for the award of the Bronze Star Medal to any person who distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection 
with military operations against an armed enemy.  It also provides for award of the Bronze Star Medal to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy.  A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.  

Army Regulation 600-8-22 provides for the wear of one bronze service star on the appropriate service medal for each credited campaign.  It also provides for award of the Army of Occupation Medal with “Germany” clasp when occupation credit is awarded.

Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that the 273d Infantry Regiment, 69th Infantry Division was awarded occupation credit for Germany.

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 WD AGO Form 38 indicates that he received an injury (not a wound) to his left eyelid; however, there is no evidence to show how he received the injury.  Unfortunately, the applicant’s statement alone does not corroborate his contention that the injury was the result of hostile action and not incurred in some other manner.  Therefore, there is insufficient evidence to show he is entitled to award of the Purple Heart.

2.  The evidence of record shows the applicant is entitled to award of the Bronze Star Medal based upon his award of the Combat Infantryman Badge.  His WD AGO Form 53-55 should be amended to add the Bronze Star Medal.

3.  The applicant also meets the eligibility criteria for award of the Army of Occupation Medal with “Germany” clasp and to wear two bronze service stars on the European-African-Middle Eastern Campaign Medal.  His WD AGO Form     53-55 should be amended to add these awards, also.

4.  The overall merits of the case, including the latest submissions and arguments, are insufficient as a basis for the Board to reverse its previous decision.

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 requested to amend the applicant’s WD AGO Form 53-55 to add the Bronze Star Medal and the Army of Occupation Medal with “Germany” clasp and to show he is authorized to wear two bronze service stars on the European-African-Middle Eastern Campaign Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__FNE__  __JEA  _  __ECP  __  DENY APPLICATION 

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

INDEX

CASE ID	AR2002074661	
SUFFIX		
RECON	YYYMMDD	
DATE BOARDED	2003/02/06	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.