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ARMY | BCMR | CY2001 | 2001061661C070421
Original file (2001061661C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 26 March 2002
         DOCKET NUMBER: AR2001061661

         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
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Mr. George D. Paxson Chairperson
Ms . Deborah S. Jacobs Member
Mr. Ronald E. Blakely 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 he be awarded the Purple Heart.

APPLICANT STATES: That on 31 December 1944 he was in Saarbrucken (sic), France when his unit, the 141st Ordnance Medium Maintenance Company, was ordered to move back 30 miles. At the time, German artillery was shelling the crossroads within 100 yards of an old building where they were located. He exited the building to move a jeep and a piece of metal hit him on the back of his left hand. It started to bleed and he tightly bandaged the cut with supplies from his first aid kit. He did not go to the medics because the bleeding stopped and he did not think it was necessary at the time. He provides a statement from a fellow unit member who stated that he assisted the applicant in dressing the wound with supplies from his first aid kit.

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

The applicant was inducted into the Army on 11 March 1943 and entered active service on 18 March 1943. He arrived in the European Theater of Operations on 6 November 1944.

A review of the historical files of the 141st Ordnance Medium Maintenance Company for the months of December 1944 and January 1945 show that no battle casualties were reported. The unit historical report for the month of January 1945 reads in part, “…the new year could really be said to come in with a bang. The bells were still ringing the new year in when artillery shells began to drop in our area in Sarre Union, France…This news, coupled with the fact that both our area and a nearby road junction formed important targets…issued orders for us to move from Sarre Union, France to Sarrebourg, France…”

The applicant departed the European Theater of Operations on 8 July 1945 and separated on 29 January 1946. His Report of Separation, WD AGO Form 53-55, item 34 does not indicate that he received wounds in action.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded 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.

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 statements of individuals are normally inadequate as the sole basis for an award of the Purple Heart because they do not fulfill the regulatory requirement that there be a record of medical treatment. The evidence of record tends to verify that the applicant was subjected to artillery fire on 31 December 1944 and may well have been hit by a piece of shrapnel. However, he himself stated that he did not seek medical treatment for his injury and therefore he does not meet the eligibility criteria for award of the Purple Heart.

2. 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

__gdp___ __dsj___ __reb___ DENY APPLICATION



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




INDEX

CASE ID AR2001061661
SUFFIX
RECON
DATE BOARDED 20020326
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


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