MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 6 November 2001
         DOCKET NUMBER: AR2001057117

         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. Rosa M. Chandler		Analyst

The following members, a quorum, were present:

Ms. Deborah S. Jacobs		Chairperson
Mr. Elzey J. Arledge		Member
Mr. Donald P. Hupman, 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)

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APPLICANT REQUESTS: That he be awarded the Purple Heart (PH).

APPLICANT STATES: That he was wounded. In support of his application, he submits a letter as written on his behalf by a former comrade-in-arms who served with him and was present when he was wounded. The letter states that the applicant was assigned to the Mars Task Force as a member of Company F, 475^th Infantry Regiment. On 1 February 1945, the unit was engaged in combat near the village of Loi Kang when the Japanese shelled their unit with 150mm artillery and the applicant was wounded. There was much confusion and some injuries went unreported. Those with minor injuries were "patched up" and they continued to fight. The applicant's injury was one of those that went unreported. The applicant also submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) in support of his request.

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

He was inducted into the Army of the United States on 1 April 1944 and served in the Asiatic-Pacific Theater of Operations from 26 September 1944-20 December 1945. His WD AGO Form 24 (Service Record) shows that he participated in the following campaigns: India-Burma, Central Burma, China Defensive, and China Offensive. He served in military occupational specialty (MOS) 745 (Rifleman).

There is no documentation in the applicant's military records to prove that he was ever wounded in combat. His WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement) indicates that he suffered no wounds. His WD AGO Form
53-55 states "None" in Block 34 (Wounds Received in Action) while crediting him with participation in the following campaigns: East Indies, Burma, China (not further defined), Central Burma, and India-Burma. It also credits him with the Asiatic-Pacific Campaign Medal, the World War II Victory Medal, the China Memorial Badge, the Combat Infantryman Badge, and the Honorable Service Lapel Button (World War II).

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal (BSM) is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was

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confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of that regulation and states that authorized bronze service stars will be worn on the appropriate service medal. The applicant received campaign participation credit for India-Burma (2 April 1942-28 January 1945), China Defensive (4 July 1942-4 May 1945), Central Burma (29 January-15 July 1945) and China Offensive (5 May-2 September 1945). He could not have participated in the East Indies Campaign (1 January-22 July 1942) or the Burma Campaign (7 December 1941-10 May 1942) as he was not even in the Army during those periods.

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. 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.

2. To be awarded the Purple Heart, the applicant would have to show that he was wounded and that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record. There is no such substantiating proof in the record, nor has the applicant provided any. The letter that the applicant submitted from a comrade-in-arms was written more than 55 years after the alleged incident and does not provide sufficient basis for awarding the medal.

3.       Block 32 (Battles and Campaigns) on the applicant's WD AGO Form
53-55 should be administratively corrected to show India-Burma, Central Burma, China Defensive, and China Offensive. The East Indies, the Burma and the China Campaigns should be deleted. However, the correction can only be made at the applicant's request.

4. 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: Request that the Army Review Boards Agency (ARBA) Support Division, St. Louis furnish the individual concerned the following:

a. A DD Form 215 (Correction to WD AGO Form 53-55) to show in Block 33 (Decorations and Citations), the Bronze Star Medal, the Good Conduct Medal, the Asiatic-Pacific Campaign Medal with 4 Bronze Service Stars, the World War II Victory Medal, and the China Memorial Badge; and

         b. A new DD Form 149 (Application for Correction of Military Records Under the Provisions of Title 10, U.S. Code, Section 1552) for an administrative correction of his battles and campaigns.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__dsj____ __eja___ __dph___ DENY APPLICATION

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

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INDEX

CASE ID	AR2001057117
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20011106
TYPE OF DISCHARGE	(HD)
DATE OF DISCHARGE	19460121
DISCHARGE AUTHORITY	AR615-365
DISCHARGE REASON	A03.00
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.