MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 06 AUGUST 2002
         DOCKET NUMBER: AR2002071674

         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. Kenneth H. Aucock		Analyst

The following members, a quorum, were present:

Mr. Luther L. Santiful		Chairperson
Ms. Paula Mokulis		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: Award of the Purple Heart.

APPLICANT STATES: That his injury was incurred on 4 August 1944 on Omaha Beach, Normandy. The injury is reflected in his records, but not documented on his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge).

EVIDENCE OF RECORD: The applicant's military records were lost or partially burned in the National Personnel Records Center fire of 1973. Information herein was obtained from the applicant and from reconstructed personnel records.

The applicant’s WD AGO Form 53-55 shows that he was inducted into the Army on 5 February 1943, departed for the European Theater of Operations on 18 January 1944 and returned to the United States on 27 December 1945. He was discharged on 3 January 1946 in the grade of Private First Class at Camp Chaffee, Arkansas. He was awarded the Marksman Qualification Badge with rifle bar, the World War II Victory Medal, the Good Conduct Medal, the Croix de Guerre Palm, the European-African-Middle Eastern Campaign Medal with three bronze service stars and one bronze arrowhead, and the Distinguished Unit Badge (now the Presidential Unit Citation). That form does not show award of the Purple Heart. In item 34 (Wounds Received in Action), the word “None” is entered.

In a 20 June 1945 letter the commanding officer indicated that the 3204^th Quartermaster Service Company had been awarded the Meritorious Service Unit Plaque for the period 6 June 1944 through 28 October 1944. In a 14 August 1945 letter that same officer indicated that members of the unit were authorized the bronze service arrowhead for participation in the assault landings on Normandy.

An 8 June 1944 “Reveille Report” lists the casualties incurred by the 3204^th in the Normandy landing. A note penned by the applicant stated that those men evacuated, as shown on that report, also did not receive the Purple Heart at a 23 August 1944 formal ceremony, and the others that received the Purple Heart (those not seriously injured) were returned to duty and not even mentioned as being unfit for duty the next day. The applicant states that he was also never presented the Purple Heart.

A copy of a document shows that a formal ceremony was held to pay tribute to five members of the 3204^th who were killed in action in June 1944.

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The applicant submits a copy of an article titled, “Duck – to – Truck Transfer on the Beach”, a portrayal of the varied roles of a Quartermaster battalion consisting of three service companies [to include the 3204^th] of an engineer special brigade on Omaha Beach in Normandy. The applicant provides copies of photographs of the beachhead. The applicant provides a copy of a recommendation for award of the Meritorious Service Unit Plaque to the 538^th Quartermaster Battalion, composed of three Quartermaster service companies, to include the 3204^th.

A report of physical examination taken in 1946 at Camp Chaffee prior to the applicant’s discharge shows that he had sustained a fracture to his right arm, and was treated in a field hospital in France in August 1944.

The applicant provides a notarized statement in which he stated that he and others were unloading a transport vehicle when they were fired upon. The driver of the vehicle attempted to gain cover. He quickly released the brake and engaged the engine. The men on the DUKW attempted to get down from their “perch.” The applicant and several others basically jumped or were thrown from a very tall transporter. He stated that the records, enclosed with this account, reflect the applicant’s injury, and shows that he did not receive credit for his injury.

A copy of a 5 August 1944 company morning report of the 3204^th shows that the applicant went from duty to the hospital on 4 August 1944, and that he was a non battle casualty, sustaining a fracture to his right wrist. A copy of an 8 August 1944 morning report shows that the applicant was returned to duty.

A copy of the commander’s report shows that the applicant and another soldier were hospitalized on 4 August 1944. A copy of another commander’s report shows that the applicant highlighted the names of soldiers on that report who were treated and released from the hospital. In a note on that report, the applicant stated that three of the six [soldiers] were treated, released, and returned to duty with no hospital time and those three received a Purple Heart. They were never reported as injured or absent and there was not a [morning report] showing a duty to hospital entry. The applicant also stated that one soldier was not even in France on the 5^th of June.

A medical form shows that the applicant fell off the back of a moving DUKW, a 2 ½ ton amphibious truck (DUKW is an acronym based on D-model year 1942, U-amphibian, K-all wheel drive, W-dual rear axles), at 1130 [4 August 1944] at a transfer point and probably fractured his right wrist. He was treated at the 538^th Quartermaster Battalion Aid Station.

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The applicant provides copies of two morning reports, one for 7 June 1944 and the other for 8 June 1944, in which he purports to show that there were errors made in those reports.

The applicant’s service record shows that he served in England from 29 January 1944 to 4 June 1944; in France from 7 June 1944 to 5 April 1945; in Germany from 5 April 1945 to 21 November 1945; and in France again from 22 November 1945 to 13 December 1945.

Army Regulation 600-8-22 provides 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. A wound is defined as an injury to any part of the body from an outside force or agent.

The Unit Citation and Campaign Participation Credit Register shows that the 538^th Quartermaster Battalion, the applicant’s parent unit, was awarded the Meritorious Unit Commendation for its actions during the period the applicant was assigned to that battalion.

The Army of Occupation Medal of Germany is awarded for service for 30 consecutive days between 9 May 1945 and 5 May 1955.

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 documents that the applicant submits with his request shows that he was a non battle casualty - that he fractured his right wrist when he fell of the back of a moving DUKW. Consequently, there is insufficient evidence to show that he was wounded as a result of enemy action; therefore, the evidence is also not sufficient to award him the Purple Heart.

2. The applicant has submitted neither probative evidence nor a convincing argument in support of his request.

3. 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 that requirement.

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 at St. Louis is requested to correct the applicant’s records by awarding him the Meritorious Unit Commendation and the Army of Occupation Medal with Germany clasp.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__LLS _ _ __PM___ __DPH __ DENY APPLICATION

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

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INDEX

CASE ID	AR2002071674
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020806
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.