MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 27 August 2002
         DOCKET NUMBER: AR2002068717

         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
Mr. W. E. Schnupp		Analyst

The following members, a quorum, were present:

Ms. Irene N. Wheelwright		Chairperson
Mr. Arthur A. Omartian		Member
Mr. Thomas Lanyi		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 his late brother, the former service member (FSM) be awarded the Purple Heart posthumously.

APPLICANT STATES: That the FSM was wounded in Italy during World War II then captured by the Germans and the paper work regarding his awards was probably lost.

In support of his request, he submits a copy of the FSM’s diary in which he has highlighted the FSM’s description of his activities at the time he was wounded, a copy of the FSM’s request for awards sent to The Adjutant General, Decoration and Awards Branch, on 10 August 1945, indicating that the FSM was wounded in action on 16 October 1943, in Italy, and a copy of the Report of Casualty from Headquarters Department of the Army, Office of the Adjutant General, reporting the FSM’s death.

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

He enlisted on 13 April 1939 and served as an infantryman with Company C, 7^th Infantry in combat in the European Theater of Operations during World War II. He was captured by German troops on or near Anzio Beachhead, Italy, on 30 January 1944, and liberated by American Forces near Lubeck, Germany on 3 May 1945. He was honorably separated upon demobilization on 21 August 1945, in the rank of sergeant. He enlisted once again on 21 March 1947, served as an infantryman in Korea, and remained on active duty until his retirement on 31 July 1962, in the rank of master sergeant with over 21 years of service. He died on 31 October 1981.

His awards include the Good Conduct Medal with bronze clasp with 3 loops, the American Defense Service Medal, the European-African-Middle Eastern (EAME) Campaign Medal with 1 silver service star, the Army of Occupation Medal with Germany clasp, the National Defense Service Medal, the Combat Infantryman Badge with 1 star, the Expert Infantryman Badge, the United Nations Service Medal, the World War II Honorable Service Lapel Button, the Marksman Qualification Badge with rifle bar and the Sharpshooter Qualification Badge with pistol bar. On 22 August 2001, the National Personnel Records Center authorized the issuance of the Bronze Star Medal, the POW Medal, the American Campaign Medal, the World War II Victory Medal and the Korean Service Medal with 3 bronze service stars.







The FSM’s diary entry and his request for awards to The Adjutant General of the Army on 10 August 1945, indicate that he was wounded in action in Italy on 16 October 1943. However, no evidence of The Adjutant General’s reply to his request is found in his records, nor is there any evidence in either his personnel or medical records showing that he had been wounded in action.

A search of hospital admission cards (a project created by The Office of the Surgeon General to show admissions/casualties treated during World War II and the Korean Conflict), failed to show that the FSM was admitted to a medical treatment facility during World War II.

Army Regulation 600-8-22, Military Awards, 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.

Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows that the applicant’s unit, the 7^th Infantry Regiment, 3^rd Infantry Division, was awarded Assault Landing credit (arrowhead device to be worn on the EAME Campaign Medal) for landings in North Africa, 8-10 November 1942, Licata, Sicily, 9-11 July 1943, and Anzio, 22-23 January 1944, during his tenure with the unit (However, only one arrowhead may be worn on any ribbon). His unit was also awarded the French Fourragere for the period 15 August 1944 to 6 February 1945.

As a matter of information, on the occasion of the 50^th anniversary of the Korean War, the Government of the Republic of Korea issued the Korea War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world. On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign service award to eligible US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to veterans. .

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. Despite the FSM’s diary entry, and his subsequent request to The Adjutant General for award of the Purple Heart, for wounds allegedly sustained on 16 October 1943, there is no evidence in the available records to substantiate his contention, nor has the applicant provided any evidence other than the diary itself. In the absence of corroborating evidence from official sources establishing eligibility for the Purple Heart, there are no grounds for this Board to award it.

2. At the same time, the records show that the FSM is entitled to certain additional awards other than those issued by the National Personnel Records Center. These awards include the Arrowhead device to be attached to the EAME Campaign Medal and the French Fourragere. The Army Review Boards Agency Support Division, St. Louis, will be asked to record all of the awards to which the FSM’s is now entitled, as noted below, on an amendment to his DD Form 214.

3. The Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin. To apply, applicants must submit a copy of the veteran’s discharge paper (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West Suite 12, Randolph Air Force Base, Texas 78150-4714. A sample request form is being provided to the applicant. Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to individuals DD Form 214.

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: The Army Review Boards Agency Support Division, St. Louis, is requested to furnish the applicant with a DD Form 215 (Correction of DD Form 214) showing all of the awards to which the FSM is entitled, as follows: the Bronze Star Medal, the POW Medal, the Good Conduct Medal with bronze clasp with 3 loops, the American Defense Service Medal, the American Campaign Medal, the EAME Campaign Medal with 1 silver service star and arrowhead device, the Army of Occupation Medal with Germany clasp, the Korean Service Medal with 3 bronze service stars, the National Defense Service






Medal, the Combat Infantryman Badge with 1 star, the Expert Infantryman Badge, the United Nations Service Medal, the World War II Honorable Service Lapel Button, the Marksman Qualification Badge with rifle bar, the Sharpshooter Qualification Badge with pistol bar, the World War II Victory Medal, and the French Fourragere.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__inw ___ ___aao __ ____tl____ DENY APPLICATION

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

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INDEX

CASE ID	AR2002068717
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020827
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.