MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 5 September 2002
         DOCKET NUMBER: AR2002071760

         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. Walter Avery, Jr.		Analyst

The following members, a quorum, were present:

Ms. Celia L. Adolphi		Chairperson
Mr. Melvin H. Meyer		Member
Mr. John T. Meixell		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: Correction of his military records to show that he was awarded the Combat Medal (it is believed that he means the Combat Infantryman Badge), the Purple Heart, the Silver Star and all other authorized awards, and that his record show that he was assigned to the "Red 1" (it is believed that he means the 1^st Infantry Division, the “Big Red One”) during World War (WW) II. He requests these corrections so that he may have a marker put on his grave that indicates he served in the “Big Red One."

APPLICANT STATES: That he is a WW II veteran and is seeking the recognition he deserves for serving in the "Red 1" Infantry Division. He understands that his records have apparently been burned.

In support of his request, he submits one eyewitness statement and a list of the units he was assigned to during WW II. The units include the C.D.K., Company L, APD1, Company K, BRS Number 139 or 161, Company L, 4213, 323^rd Reinforcement Company, and the 91^st, 131^st, 159^th and 323^rd Reinforcement Companies and the 439^th T.C.G. (The applicant was contacted, but he was unable to clarify or further identify the unit mentioned.) Also submitted were an extract from the WW II hospital admission cards for casualties, created by the Office of the Surgeon General (SGO), a training certificate and a basic training unit book.

EVIDENCE OF RECORD: The applicant’s military records were lost or destroyed in the 1973 fire at the National Personnel Records Center. Information herein is based upon the documents provided by the applicant.

His WD AGO 53-55 (Enlisted Record and Report of Separation Honorable Discharge) shows he was inducted on 27 May 1944, was trained as an automotive mechanic, served in the European Theater of Operations, achieved the grade of sergeant and was honorably separated on 25 May 1946. His discharge reflects that he was separated from the Army Air Force because after returning to duty after his hospitalization for trench foot, he apparently was assigned to the 8^th Air Force as a military policeman until his discharge.

A training certificate indicates that he completed infantry training on 7 October 1944.

The SGO file indicates the applicant was treated for a non-battle injury of trench foot in December 1944.

The eyewitness statement he provides indicates that the writer witnessed the applicant as being in the "Red One". The circumstances of his assignment are as follows: they were on a boat together in September or October of 1944 both being shipped from England to the front line. The boat they were in ran into another boat about an hour from landing, but it continued to the shore. At that time, the applicant went into the Red One and the witness says he went to the 102^nd Infantry Division.

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. Paragraph 2-8b(5)(a) of this regulation states, in part, that “Frostbite or trench foot injuries” do not “qualify for award of the Purple Heart.”

The same regulation provides that the Silver Star is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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. Records show that the applicant was diagnosed and treated for moderate trench foot during World War II. However, trench foot is not a basis for award of the Purple Heart. In the absence of any other evidence showing that he suffered a combat injury, there is insufficient evidence upon which to base award of the Purple Heart in this case.

2. The applicant contends that all veterans of WW II were presented with a Combat Medal and that his participation in major battles should be recognized by award of the Silver Star. There is no Army award known as the Combat Medal, and based on the available records, he was not an infantryman in combat and thus is not authorized the Combat Infantryman Badge. However, he was awarded the WW II Victory Medal, which was presented to all who served on active duty during WW II. Likewise, the Silver Star is not presented for just participating in major combat battles. Rather, it is awarded to those who display conspicuous gallantry in action against the enemy. In this case, the applicant has submitted no evidence and the available records contain no evidence to support award of the Silver Star.

3. The applicant states he served in the 1^st Infantry Division and that he provided an eyewitness statement to support his assertion, and a list of the units in which he served. However, none of the units listed could be identified as Army units or as units of the 1^st Infantry Division. It appears the eyewitness is saying that once the assault landing force landed, soldiers were then assigned to a unit. During an assault landing it is possible that soldiers could become separated from their assigned unit, but in the chaos of combat found themselves serving or fighting with another unit. Attachments under such circumstances are not official assignments and are not normally recorded in individual personnel records as assignments. Unfortunately, with the lack of records, and sparse information available, it is not possible to determine whether the applicant was ever a member of the “Big Red One”.

4. A staff member of the Board contacted the applicant and asked him to explain the abbreviations and units he listed as part of the 1^st Infantry Division. The applicant responded that at age 81, he could not recall what the abbreviations stood for or if those units were part of the 1^st Infantry Division. He reaffirmed that he believes he served with the 1^st Infantry Division. His father served in the “Big Red One” and has that inscription on his gravestone and he wishes to be buried next to his father and have the same inscription placed on his headstone.

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

___cla __ ____mhm ____jtm__ DENY APPLICATION

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

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INDEX

CASE ID	AR2002071760
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020905
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.	107.0066
2.
3.
4.
5.
6.