MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 22 October 2002
         DOCKET NUMBER: AR2002073280

         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:

Mr. Fred N. Eichorn		Chairperson
Ms. Shirley L. Powell		Member
Mr. Elzey J. Arledge, 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: That he be awarded the Purple Heart.

APPLICANT STATES: He was wounded on 10 April 1945, on Luzon, Philippine Islands. When a young medical officer asked him who shot him, he angrily and foolishly responded "Who else, one of our own guys." His reply was taken literally and was recorded into his records. He believes that the evidence to support his request can be found in a medical evacuation report.

In support of his request, he submits a copy of his WD AGO 53-55 (Enlisted Record and Report of Separation) and a Certificate of Disability for Discharge.

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 and from information obtained from the Office of the Surgeon General.

His WD AGO Form 53-55 shows that he was inducted on 27 March 1943, and served in the Asiatic-Pacific Theatre of Operations for an unknown period. He was honorably discharged on 28 September 1945, in the rank of private first class.

Awards shown on his WD AGO Form 53-55, which was signed by the applicant, include the Asiatic-Pacific Theater Ribbon with two Battle Stars, the Good Conduct Medal, the Philippines Liberation Ribbon with one Bronze Star and the Army of Occupation Medal. The Purple Heart is not listed as an authorized award.

On 25 September 1945, a WD AGO Form 40 (Certificate of Disability for Discharge) was completed. This document is a report of a board of medical officers. Item 7 indicates that after careful consideration of all information obtainable and critical examination they found that the applicant was unfit for military service because of a secondary wound accidentally received when he was struck by a bullet from the gun of a fellow soldier.

Information obtained from hospital admission cards created by the Office of the Surgeon General reflects that the applicant was admitted to a hospital in April 1945 for treatment of a nonbattle injury and was released in September 1945.








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 by a medical officer and the medical treatment must have been made a matter of official record.

The same regulation provides for the following awards:

a. The World War II Victory Medal. Awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

b. The Bronze Service Star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal. In the applicant’s case, he is entitled to wear three Bronze Service Stars on his Asiatic-Pacific Campaign Medal for participation in the Bismarck Archipelago, Leyte and Luzon Campaigns.

c. The American Campaign Medal. Awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

d. The “arrowhead” device. Worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission. The regulation specifies that individual assault credit will be tied directly to the combat assault credit decision for the unit to which the soldier is assigned. The regulation requires that the unit must be credited with a combat assault in order for the soldiers to receive credit for a combat assault and the soldier must physically exit the aircraft or the watercraft as appropriate. The regulation also specifies that the arrowhead device maybe authorized for wear on the Asiatic-Pacific Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Korean Service Medal, the Vietnam Service Medal, and the Armed Forces Expeditionary Medal.





Department of the Army Pamphlet 672-1 shows that the applicant’s unit was awarded assault-landing credit at Leyte for the period 20-22 October 1944 by War Department General Order 109-46, and the Philippine Presidential Unit Citation for the period 17 October 1944 through 4 July 1945 by Department of the Army General Orders 47, 1950.

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 applicant's records are not available and he has provided no direct evidence to support his contention that because he was angry, when he was initially questioned on how he was injured, he erroneously reported that a fellow soldier wounded him. The applicant, however, offers no explanation as to why even months later, as important official documents, were being prepared for his disability separation, he allowed the misinformation to be presented to a board of officers and entered into his official records or why he didn't seek to correct his records within a few years after separation. The applicant also does not provide the circumstances he believes led to his injuries. In the absence of documentation to support his request, there is insufficient evidence upon which to base an award of the Purple Heart or to amend his records to show that he was wounded in action.

2. The applicant states that evidence to support his request exist. It is suggested that if the applicant knows where this evidence is, such as in the National Archives, Washington, District of Columbia, he should obtain it and resubmit his application for reconsideration.

3. In reviewing his case, however, it was noted that he is entitled to award of the World War II Victory Medal, three Bronze Service Stars and the Arrowhead Device to be worn on his Asiatic-Pacific Campaign Medal, the American Campaign Medal, and the Philippine Presidential Unit Citation. He is also entitled to a correction of his records to show these awards. Accordingly, the Army Review Board Agency Support Division, St. Louis will be requested to administratively issued him a correction to his separation document reflecting these awards.









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 administratively correct the records of the individual concerned by showing that he was awarded the World War II Victory Medal, three Bronze Service Stars and the Arrowhead Device to be worn on his Asiatic-Pacific Campaign Medal, the American Campaign Medal, and the Philippine Presidential Unit Citation.

BOARD VOTE:

________ _______ _ _______ GRANT

________ ________ ________ GRANT FORMAL HEARING

___fne___ _____slp_ ____eja_ DENY APPLICATION

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

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INDEX

CASE ID	AR2002073280
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20021022
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.