MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 November 2002
	DOCKET NUMBER:   AR2002075225

	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. Arthur A. Omartian		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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 the Purple Heart be awarded to his deceased father, a former service member (FSM).

APPLICANT STATES:  That his father, while serving with Company A, 359th Engineers in Belgium, drove his truck over a land mine and as a result lost the sight in his right eye.  He continued to serve his country until he was discharged in 1945.  He was never put in for the Purple Heart.  His father's records were destroyed in 1973 and his Department of Veterans Affairs (VA) medical records were lost in Oakland, CA.  The only verification of his injury may be in Office of The Surgeon General Hospital Admission Cards.

EVIDENCE OF RECORD:  The FSM's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from alternate sources.

The FSM was inducted into the Army on 26 January 1943 and entered active service on 2 February 1943.  He arrived in the European Theater of Operations on 8 July 1943 where he served as a light truck driver and departed on              19 August 1945.  He was demobilized on 15 October 1945.  His Enlisted Record and Report of Separation, WD AGO Form 53-55, item 33 (Decorations and Citations) shows he was awarded the European-African-Middle Eastern Theater Ribbon with four bronze battle stars, four overseas service bars, the Army Good Conduct Medal, and the Meritorious Unit Award.  It does not show award of the Purple Heart.  Item 34 (Wounds Received in Action) contains the entry, "None."  The FSM signed the WD AGO Form 53-55.

The historical files of Company A, 359th Engineers were reviewed at the National Archives in College Park, MD.  The review failed to identify the FSM as being entitled to award of the Purple Heart.

A search of Office of The Surgeon General Hospital Admission Cards revealed that there were no records pertaining to the FSM.

On 19 December 1945, the VA awarded the FSM service-connected disability compensation for an eye condition (the loss of the use of one eye) effective      16 October 1945.  Around 1975, his disability compensation was increased from 70 percent to 100 percent and included additional special monthly compensation over the 100 percent rate because of blindness.

The FSM died on 6 November 1987.

Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, 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 provides for award of the World War II Victory Medal for service between 7 December 1941 and 31 December 1946.  

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 Board noted the FSM's loss of sight during his service in World War II; however, there is insufficient evidence to show he lost his sight as the result of enemy action.  It is recognized that the VA awarded the FSM service-connected disability compensation due to the loss of the use of one eye; however, the VA documentation does not corroborate the applicant's explanation of the cause of the loss of his father's sight.

2.  The FSM met the eligibility criteria for award of the World War II Victory Medal and that award will be administratively added to his WD AGO Form 53-55.

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:  The Board requests that the Army Review Board Agency's Support Division amend the FSM's WD AGO Form 53-55 to add the World War II Victory Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__AAO__  ___JPI___  __REK  __  DENY APPLICATION

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

INDEX

CASE ID	AR2002075225	
SUFFIX		
RECON		
DATE BOARDED	2002/11/14	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.