MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 JUNE 2004                  
	DOCKET NUMBER:   AR2002081868

	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 E. 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:  Correction of his military records to show award of the Purple Heart.

APPLICANT STATES:  In effect, that the Purple Heart medal was recorded on his original separation document.  However, when he lost that document it was replaced with a new separation document and the Purple Heart had been omitted.  He states he was a member of the 326th Field Artillery in December 1944 when his unit was "caught in a rough mortar barrage."  He states he sustained shrapnel wounds and was transported to a field hospital where he was given the Purple Heart.  Beyond his self-authored statement, the applicant submits no additional evidence in support of his request.

EVIDENCE OF RECORD:  The applicant's military records were apparently lost or destroyed in the 1973 fire at the National Personnel Records Center in St. Louis.  Information contained herein was reconstructed from alternative sources, including service medical records, which were not destroyed during the fire.

The applicant entered active duty on 15 December 1942 and arrived in the European Theater of Operations in October 1944.  He was a member of the 326th Field Artillery Battalion.

According to a previous letter to the Board in 1992, the applicant reported receiving "numerous small shrapnel wounds" and that he was sent to a field hospital where he remained for 2 days, prior to being returned to the duty.

The applicant returned to the United States in January 1946.  His separation physical examination completed on 4 February 1946, makes no mention of any wounds received as a result of hostile action, no hospitalization, and no scars associated with any shrapnel wounds.  The available service medical records also make no mention of treatment for any combat incurred wounds or injuries.  

On 4 February 1946 the applicant was released from active duty as a result of demobilization.  His separation document, which the applicant authenticated, does not reflect entitlement to the Purple Heart and item 34 (wounds received in action) reflects "NONE."  

A review of the historical records from the 326th Field Artillery Battalion, maintained at the National Archives in College Park, Maryland, failed to confirm the applicant's entitlement 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.

A review of Department of the Army Pamphlet 672-1 notes that the applicant's unit was granted occupation credit in Germany and as such, member of the unit would have been entitled to the Army of Occupation Medal with “Germany” clasp.

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.  The Board notes that the applicant did authenticate his separation document indicating that he had not been wounded in action and that there was no entitlement to the Purple Heart recorded.

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 Army of Occupation Medal with “Germany” clasp.

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	AR2002081868	
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.