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ARMY | BCMR | CY2002 | 2002066369C070402
Original file (2002066369C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 18 June 2002
         DOCKET NUMBER: AR2002066369

         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. Lee Tinsley Analyst


The following members, a quorum, were present:
Ms. Karol A. Kennedy Chairperson
Mr. Allen L. Raub Member
Mr. Melvin H. Meyer 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 Medal, the Jubilee of Liberty Medal, and the Bronze Star Medal be added to his WD AGO Form 53-55 (Separation Document).

 APPLICANT STATES : The Purple Heart Medal and the Jubilee of Liberty Medal were not listed on his separation paperwork at the time of discharge. The applicant further states that the Bronze Star for the Purple Heart was not authorized at that time. He submits documentation from his military records, unit morning reports, and a letter from a former fellow soldier in support of his application.
EVIDENCE OF RECORD : The applicant's military records were lost or destroyed in the July 1973 fire at the National Personnel Records Center. Information herein was obtained from reconstructed personnel records and copies of documents submitted by the applicant.

He was inducted on 7 June 1943 and entered active duty. He was trained as a light truck driver and served in Europe from 14 April 1944 to 31 July 1945. He served in four campaigns and was awarded the Good Conduct Medal, the American Theater Service Ribbon, the European-African-Middle Eastern Service Ribbon, and the World War II Victory Ribbon. The Purple Heart is not listed on his WD AGO Form 53-55 and block 34 (wounds received in action) states "None." He authenticated his discharge document with his thumbprint and signature on the date of his separation, 9 November 1945. There are no medical records or treatment documents available.

The unit morning report for 4 December 1944 shows that the applicant was treated for trench foot with his condition being noted as slight.
On 4 June 1992, the applicant was issued a DA Form 1577 (Authorization for Issuance of Awards) by the Army Reserve Personnel Center authorizing issuance of the Purple Heart with 1 bronze oak leaf cluster. There is no documentation in the available record to support the preparation of this form.

The letter from the former fellow soldier states that the applicant was hit with shrapnel in the right shoulder from a mortar shell and that he had problems with his feet being frozen and infected when they served together for 45 days. The soldier further states that the applicant was then sent to a hospital in Liege, Belgium for 4-5 weeks where the shrapnel was removed and his feet were cared for.

The applicant provides a letter from a member of Congress concerning the Jubilee of Liberty award. The letter, dated 20 July 2001, notified the applicant that he qualified to receive the Jubilee of Liberty award. The award was commissioned by the French Government to commemorate those soldiers who had participated in the Normandy campaign.

 Army Regulation 600-45, Personnel Decorations (C-5, dated 11 Nov 44), in effect at the time, indicated, in pertinent part, that the Purple Heart was awarded to members who were wounded in action against an enemy of the United States, or as a direct result of an act of such enemy, provided such wound necessitated treatment by a medical officer. (For the purpose of awarding the Purple Heart, a wound is defined as an injury to any part of the body from an outside force, element, or agent sustained as the result of a hostile act of the enemy or while in action in the face of the enemy.) 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 600-8-22, Military Awards (dated 25 February 1995) concerning the Purple Heart states the same requirements for the award. The regulation also states, in pertinent part, that a Purple Heart is authorized for the first wound suffered under conditions stated above, but for each subsequent award, an oak leaf cluster will be awarded to be worn on the medal or ribbon. Examples of injuries or wounds that do not qualify for award of the Purple Heart are trench foot injuries.

Army Regulation 600-8-22, paragraph 9-5, states in pertinent part, that Public Law 95-105, 17 August 1977, grants the consent of Congress to a person to accept and retain a decoration of minimal value tendered by a foreign government, subject to the approval of the Department of the Army. The Jubilee of Liberty award is not listed as an authorized foreign decoration.

 DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, and 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. The applicant did supply a notarized buddy statement and copies of morning reports indicating that he had frozen/trench foot but there was no mention of a shrapnel wound. Without medical records prepared at the time of the alleged injury to verify the applicant's claim of being wounded, the statement is considered insufficient evidence.
3. There are no orders published issuing the award of the Purple Heart with oak leaf cluster. The issuance of a DA Form 1577 without the corresponding supporting documentation is an insufficient basis for granting the award.

4. The Jubilee of Liberty award is commemorative in nature and not an authorized foreign decoration.

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

 kk ar mm DENY APPLICATION
Carl W. S. Chun
Director, Army Board for Correction
of Military Records
INDEX
CASE ID AR2002066369
SUFFIX
RECON
DATE BOARDED 20020618
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107 Purple Heart
2. Jubilee of Liberty Medal
3. Bronze Star
4.
5.
6.




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