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ARMY | BCMR | CY2002 | 2002075199C070403
Original file (2002075199C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 17 December 2002
         DOCKET NUMBER: AR2002075199

         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. Luther L. Santiful Chairperson
Ms. Barbara J. Ellis Member
Mr. William D. Powers 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)


APPLICANT REQUESTS: That he be awarded the Purple Heart.

APPLICANT STATES: His records should reflect that he was awarded the Purple Heart.

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

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the 1973 fire at the National Personnel Records Center. Information herein was derived from information furnished by the applicant or obtained from the hospital admission cards created by the Office of The Surgeon General (OTSG).

His WD AGO Form 53-55, signed by the applicant, reflects that he was inducted on 17 November 1943, served in the European Theater of Operations from 29 June 1944 until approximately 25 March 1946, participated in the Ardennes and Central Europe Campaigns and was assigned to Company I, 330th Infantry Regiment, 83rd Infantry Division. He was honorably discharged at demobilization on 1 April 1946, in the rank of private first class. Item 34 (Wounds Received In Action) reflects the entry "None."

His awards include the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge, the European-African-Middle Eastern Theater Service Medal and the Good Conduct Medal. The Purple Heart is not listed as an authorized award.

Information obtained from hospital admission cards created by the Office of the Surgeon General reflects that the applicant was admitted to a hospital in May 1944 for treatment of the measles.

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.

The same regulation provides that the Bronze Star Medal is also 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.

Department of the Army Pamphlet 672-1, shows that the applicant’s unit during World War II was awarded occupation credit for Germany for the period 29 June 1944 through 25 March 1946; which is authority for award of the Army of Occupation Medal with Germany Clasp.

The same regulation provides that a 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 two Bronze Service Stars on his European-African-Middle Eastern Campaign Medal for the campaigns reflected on his WD AGO 53-55.

The same regulation provides that the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

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 in the limited available records, which shows that the applicant was awarded the Purple Heart or was treated for wounds or injuries as a result of hostile action. The Board also notes that the applicant authenticated his WD AGO Form 53-55 at the time of his separation from the Army and this document did not show award of the Purple Heart or that he was wounded as a result of hostile action.

2. In the absence of documentation which shows the applicant was wounded or treated for wounds as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart or to amend his records to show that he was wounded in action.

3. Notwithstanding the denial of his request for the Purple Heart, his records substantiate that he is entitled to award of the Bronze Star Medal based on his award of the Combat Infantryman Badge, the Army of Occupation Medal with Germany Clasp, and two Bronze Service Stars to be worn on his European-African-Middle Eastern Theater Service Medal. The Army Review Boards Agency Support Division, St. Louis will be requested to administratively add these awards to his separation document.

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 Board Agency Support Division, St. Louis, Missouri is requested to provide the applicant with an administrative correction to his WD AGO Form 53-55 showing that he is entitled to the Bronze Star Medal based on his award of the Combat Infantryman Badge, the Army of Occupation Medal with Germany Clasp, and two Bronze Service Stars to be worn on his European-African-Middle Eastern Theater Service Medal.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___lls ___ ___wdp__ ___bje__ DENY APPLICATION



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




INDEX

CASE ID AR2002075199
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021217
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.
2.107.0015
3.
4.
5.
6.


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