MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            9 December 1998   
	DOCKET NUMBER:   AC98-11770

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. Thomas B. Redfern, III		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:  Correction of items 32 (Battles and Campaigns),
33 (Decorations and Citations), 34 (Wounds Received in Action) and 36 (Service Outside Continental U.S. and Return) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show his combat service and award of the Purple Heart. 

APPLICANT STATES:  That he served in France during World War II, was wounded in action and his overseas combat duty should be listed on his WD AGO Form 53-55.    

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show the applicant was inducted on 
2 October 1942.  He trained as a cook and was separated in the grade of E-3 with an honorable discharge on 27 October 1945.

The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart as an authorized award or show any foreign service.  

Item 34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-33 shows the entry “None”.

There is no evidence in the applicant’s personnel records that show he was injured or wounded as a result of hostile action.  Evidence of record does show the applicant was hospitalized on 4 May 1944 for a non-battle injury which resulted from an assault or altercation.      

Item 32 (Battles and Campaigns) of the applicant’s WD AGO Form 53-55 shows “None”.  Item 36 (Service Outside Continental U.S. and Return) of the applicant’s WD AGO Form 53-55 shows “None”.  Item 37 (Total Length of Service) shows he served 3 years and 23 days of continental service and no foreign service.  

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.

Regulations, in effect at the time governing preparation of the WD AGO Form 53-55, directed that service outside the Continental U.S. be shown in item 36 and that foreign service be shown in item 37 of the WD AGO Form 53-55.

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 of record available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded as a result of hostile action.  Therefore, he is not entitled to award of the Purple Heart or correction of items 33 (Decorations and Citations) or 34 (Wounds Received in Action) of his WD AGO Form 53-55.

2.  Evidence of record shows the applicant served his entire enlistment in the United States.  Therefore, items 32 (Battles and Campaigns) and 36 (Service Outside Continental U.S. and Return) of his WD AGO Form 53-55 are correct as currently constituted.  
 
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 the aforementioned.

 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

JH______  FNE ____  TBR____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-11770/AR1998012253	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981209	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19451027	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.