MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 December 1998
	DOCKET NUMBER:   AC98-12234
				   AR1998012424

	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:

	Ms. Karen L. Wolff		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Kenneth L. Wright		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:  Award of the Purple Heart for his injury he received during his service in the Pacific Theater of Operations.

APPLICANT STATES: That he was injured in the Philippines in June 1945 and he was not awarded the Purple Heart.  In support of his application, the applicant submits a letter of explanation and copies of orders assigning him and releasing him from the hospital.

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 that the applicant enlisted on 8 December 1944, served as a purchasing and contracting officer in the Pacific Theater of Operations from 7 April 1945 to 8 November 1945, and was honorably released from active duty on 5 January 1946.

In a letter of explanation, the applicant states he was injured while on duty as the Quarter Master Dock Officer in Manila.  He states that large boxes containing auxiliary gas tanks for P38 pursuit planes fell on top of his jeep and caused his injury.  He also states that he was in the hospital for approximately 3 months (July thru September 1945) and that his chest and some internal organs were bruised and damaged in the accident. 

The applicant’s WD AGO 53-98 (Military Record and Report of Separation) does not show the Purple Heart as an authorized award.  Item 30 (Wounds Received in Action) of the applicant’s WD AGO 53-98, which was authenticated in his own hand, shows the entry “None”.

There is no record that the applicant was awarded the Purple Heart.  There also is no indication that he was wounded as a result of hostile.

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

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 due to hostile action during his service in the Pacific Theater of Operations.  Therefore, he is not entitled to award of the Purple Heart.

2.  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 requirement.

3.  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

KLW____  MHM____  KLW____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12234/AR1998012424	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981217	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.