MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            24 November 1998 
	DOCKET NUMBER:   AC98-09567

	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. Loren G. Harrell		Director	
	Ms. Joyce A. Wright 		Analyst	

The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Robert W. Garrett		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: In effect, that his Enlisted Record and Report of  
Separation (WD AGO 53-55) be corrected to show the award of the Purple Heart (PH).

APPLICANT STATES:  In effect, that he should have been awarded the PH.  In support of his appeal he submits two letters from former service members who state that they were assigned to the same company as the applicant and that he was wounded as a result of heavy artillery, mortar and rifle fire.  He also submits a memorandum from a former service member, addressed to the Military Awards & Decorations Board, dated 17 June 1996, indicating that he had been wounded while he was in the Army and that he is eligible for the awards of the PH, the Bronze Star Medal (BSM) and the Combat Infantryman Badge (CIB).  In addition, he submits three news paper clippings referencing the history of the 104th Infantry Division. 

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from records maintained by the Department of Veterans Affairs (DVA) and a WD AGO Form 53-55 provided by the applicant.

He was inducted on 22 June 1943.

His WD AGO Form 53-55 shows that he was awarded the American Service Medal, the Good Conduct Medal, the European African Middle Eastern Service Medal,  the World War II Victory Medal, the Expert Carbine Rifle, and the Expert Rifle M-1.  He participated in the Northern France, Rhineland, and Central Europe campaigns.  His WD AGO Form 53-55 also shows that he received no wounds while in action.

On 11 December 1945, the applicant underwent a separation physical examination.  During the examination, he indicated that he had no significant diseases, wounds or injuries.

On 12 December 1945 he was honorably discharged under the provisions of Army Regulation 615-365, for the convenience of the government.  He had served 2 years, 5 months, and 21 days of total active service.

On 4 December 1996 the Army Reserve Personnel Center (ARPERCEN) determined that the applicant was entitled to BSM and the CIB and the two awards were issued.

A review of the available information fails to reveal that the applicant sustained a wound as result of hostile action. 
Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as result of hostile action.  Substantiating evidence must be provided to verify that the wound was a 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.

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 has failed to show through the evidence submitted, that was wounded as a result of hostile action as defined by the applicable regulation.

2.  The Board has considered the documentation that the applicant has submitted in support of his appeal.  However, that information alone is not sufficient to warrant relief in this case.  Neither his WD AGO Form 53-55 nor his separation physical examination indicate that he sustained a wound as a result of hostile action while he was in the Army and, therefore, he is not entitled to the award of the PH.

3.  The applicant in this case as in any other, must show to the satisfaction
of the Board, or it must otherwise appear that the record is in error or that an injustice has occurred.  In this case, the applicant has failed to meet this 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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__gp____  ___rwg__  __cla  ___  DENY APPLICATION

						Loren G. Harrell
						Director