MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            01 APRIL 2003                  
	DOCKET NUMBER:   AR2002077282

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas B. Redfern III		Member	
	Mr. Thomas E. O'Shaughnessy, 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 by awarding him the Purple Heart, the Combat Infantryman Badge and the Bronze Star Medal.

APPLICANT STATES:  That he served in combat in France, Italy and Germany between July 1944 and December 1945, and that he was injured in a jeep accident while on active duty during the war.  In support of his request the applicant submits copies of separation documents

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted in the Army National Guard on 8 April 1940 and entered active duty on 3 February 1941.  He was discharged on 27 December 1945, and transferred to the Army National Guard.  He continued to serve periods of active and reserve service until his retirement on 31 August 1962.  

The applicant’s WD AGO Form 20 (Soldier’s Qualification Card) indicates the applicant was skilled in MOS (Military Occupation Specialty) 060 (cook).  His WD AGO Form 
53-55 (Enlisted Record and Report of Separation Honorable Discharge) also indicates he served in MOS 060.  

His separation document shows he was awarded the American Defense Ribbon, the American Theater Ribbon, the European African Middle Eastern Theater Ribbon with 
2 Bronze Service Stars, the Good Conduct Medal, and the World War II Victory Medal.

On 1 October 1947, the applicant was injured when a jeep he was driving collided with a German truck.  

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 600-8-2 also provides, in pertinent part, that there are basically three requirements for award of the Combat Infantryman Badge.  The soldier must be an infantryman (11 series specialty), assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must have actively participated in such ground combat.

The Bronze Star Medal is awarded to any person who distinguished himself by heroism or meritorious achievement or service, not involving participation in aerial flight in connection with military operations involving conflict with an opposing armed force.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

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 in the available records to show that the applicant was trained in or awarded an infantry MOS (11 series specialty), or that he was assigned to an infantry unit that was engaged in active ground combat.  Therefore, there is no justification for award of the Combat Infantryman Badge.

2.  There is insufficient evidence to support an award of the Purple Heart.  The jeep injury the applicant refers to, was not as a result of hostile action, and there are no other incidents of injury in his available records.  

3.  There is no evidence in the applicant’s records to show that he was awarded or that there was justification for awarding him the Bronze Star Medal.  

4.  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 that requirement.

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__AAO __  __TBR__  __TEO___  DENY APPLICATION

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

INDEX

CASE ID	AR2002077282	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030401	
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.