MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 18 July 2002
         DOCKET NUMBER: AR2002070384

         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor		Chairperson
Mr. John P. Infante		Member
Mr. Stanley Kelley		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: In effect, as the daughter of a deceased former service member (FSM) and the legal representative of her mother, that her father’s WD AGO Form 55 (Honorable Discharge) be corrected to show award of the Bronze Star Medal and that he was wounded in action during World War II.

APPLICANT STATES: In effect, that her father’s WD AGO Form 55 (Honorable Discharge) shows that he did not receive any decorations; however, he received the Bronze Star Medal in 1965 for saving three men from a burning tank during World War II. She also contends that his WD AGO Form 55 (Honorable Discharge) does not show that he was wounded in action; however, he was hit in the head with shrapnel and was discharged from a hospital in Pennsylvania. She further states that her father had a scar on his forehead for life from the injury. In support of her application, she submits an undated letter of explanation; a newspaper article showing that the FSM was awarded the Bronze Star Medal on 17 September 1965; the FSM’s Death Certificate; an award certificate for the Bronze Star Medal, dated 17 September 1965; a WD AGO Form 55 (Honorable Discharge) for the FSM’s service from 9 August 1937 to 11 September 1940; a transcript of a WD AGO Form 55 (Honorable Discharge) for the FSM’s service from 26 September 1940 to 19 August 1943; and a WD AGO Form 0528 (Transcript from Enlisted Record).

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

The FSM enlisted on 9 August 1937, trained as an infantryman and was honorably discharged on 11 September 1940. The FSM reenlisted on
26 September 1940. He served as a machine gunner in the European Theater of Operations from 11 June 1942 until approximately 29 May 1943. The FSM was discharged by reason of disability on 27 August 1943.

The FSM’s WD AGO Form 55 (Honorable Discharge), which was authenticated in his own hand and issued on 11 September 1940, does not show any awards or decorations. This form also shows that he was not wounded in action.

The FSM’s WD AGO Form 55 (Honorable Discharge), which was authenticated in his own hand and issued on 27 August 1943, does not show any awards or decorations. This form also shows that he was not wounded in action.

The FSM’s records show that on 20 September 1945, the FSM requested that his discharge certificate be reviewed and “complete it as it is out of order”. On
27 November 1945, the Office of The Adjutant General issued a new discharge certificate, a WD AGO Form 0528 (Transcript from Enlisted Record), for the FSM’s service from 26 September 1940 through 27 August 1943. This form shows the American Defense Service Medal and the European-African-Middle Eastern Theater Ribbon as authorized awards. The FSM’s original discharge certificate was cancelled and retained in the Office of The Adjutant General.
The FSM’s WD AGO Form 24 (Service Record) does not show entitlement to the Bronze Star Medal in the Medals, Decorations and Citations section. There is no evidence in the available records which show the FSM was recommended for or awarded the Bronze Star Medal for heroism, meritorious achievement or service during World War II.

The FSM’s records contain General Orders Number 2, dated 15 April 1944, which show that he was awarded the Combat Infantryman Badge.

DA Form 1577 (Authorization for Issuance of Awards), dated 17 September 1965, shows the Office of The Adjutant General determined that the FSM was entitled to award of the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Distinguished Unit Emblem, the American Campaign Medal, the European-African-Middle Campaign Medal with one bronze arrowhead and two bronze service stars, the World War II Victory Medal and the Combat Infantryman Badge. It appears that the FSM’s WD AGO Form 0528 (Transcript from Enlisted Record) was amended at this time to show these awards and decorations.

There are no orders for award of the Purple Heart in the available records.

The FSM’s WD AGO Form 24 (Service Record) does not show entitlement to the Purple Heart in the Medals, Decorations and Citations section.

The available records contain a clinical record, dated 25 April 1943, which states “This soldier gives a very interesting history. He was apparently wounded in action on November 24, 1942, according to the records”. However, there is no evidence of record to support this entry.

The FSM’s DA Form 1577 (Authorization for Issuance of Awards), dated
17 September 1965, states “MRs [Medical Records]: All medical records received. Medical records negative except notation in clinical records of apparent wound. Search for morning reports was neg. [negative] on date given in clinical recs. [records] (24 Nov 42). Nothing to substantiate alleged wound”.

The available records contain the Proceedings of a Board of Officers convened on 7 December 1942. The Board’s findings, in pertinent part, state that the FSM was injured on 1 December 1942 when he was struck by a civilian owned truck while crossing the street and that the injuries consisted of a severe cerebral concussion and a severe laceration in the middle part of the forehead.

The available records also contain the Proceedings of a Disposition Board convened on 10 May 1943. These proceedings state that the FSM was injured by a bus in England in October 1942. He was diagnosed with Post-concussion syndrome, amnesia.
The FSM’s Certificate of Disability for Discharge shows that he received a head injury (struck his head when thrown from a vehicle) while on duty in England in 1942. He was diagnosed with psychoneurosis, conversion hysteria, (amnesia) moderate.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal 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 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 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, 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. There is no evidence of record available to the Board which shows the FSM received the Bronze Star Medal for heroism, meritorious achievement or service during World War II.

2. Evidence of record does show that the FSM was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge) on 17 September 1965. Evidence of record also shows that this award is shown on the FSM’s WD AGO Form 0528 (Transcript from Enlisted Record). Therefore, there is no basis for granting the applicant’s request to correct her father’s discharge to show this award.

3. The Board considered the applicant’s contention that the FSM was wounded in action during World War II. However, the evidence of record does not support this contention.

4. There are no orders for award of the Purple Heart in the available records.

5. The FSM’s medical records failed to show that he was wounded or injured as a result of hostile action except for a notation in a clinical record of an apparent wound on 24 November 1943. However, a search for morning reports was negative on the date given in the clinical record.

6. The FSM signed his original WD AGO Form 55 (Honorable Discharge) on
27 August 1943 attesting that he was not wounded in action.

7. The preponderance of evidence in this case shows the FSM was not wounded or otherwise entitled to the Purple Heart. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

8. 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.

9. 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

RVO____ JPI_____ SK______ DENY APPLICATION

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

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INDEX

CASE ID	AR2002070384
SUFFIX
RECON
DATE BOARDED	20020718
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	107.0014
2.	107.0015
3.
4.
5.
6.