MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           10 March 1999
	DOCKET NUMBER:   AR1998012554

	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	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Ms. Meta Waller		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:  As the daughter of a deceased former service member (FSM), that her father’s records be corrected to show award of the Purple Heart.

APPLICANT STATES:  That her father’s medals were lost in a fire.  When the applicant requested replacement of her father’s military medals, the Purple Heart was not shown on the DA Form 1577 (Authorization for Issuance of Awards).  She was advised that her father’s records had been destroyed and there was no way to check the FSM’s award of the Purple Heart.  The applicant states that she and the rest of the family know that the FSM had a Purple Heart.  In support of her application, she submitted a 9 September 1997 letter from the Veterans of Foreign Wars, a copy of the FSM’s death certificate, a copy of an article and picture about her father, and a copy of a DA Form 1577, dated 10 June 1997, a copy of a 27 November 1961 application for replacement of the FSM’s separation document, a copy of the FSM’s 11 January 1962 Certificate of Eligibility for guaranty or insurance loans under the Veterans Readjustment Act, and a copy of the FSM’s VA claim card.

COUNSEL CONTENDS:  That the applicant’s request should be supported.  The Veterans of Foreign Wars, as the counsel for the applicant, request that relief be granted consistent with the evidence available.

EVIDENCE OF RECORD:  The FSM’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the FSM entered active duty on 10 April 1944.  He served in the Asiatic Pacific Theater of Operations from November 1943 to June 1945.  The FSM was honorably discharged on 3 October 1945.

The FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), which is authenticated in his own hand, shows the entry “None” under item 34 (Wounds Received in Action).  Item 33 (Decorations and Citations) of the FSM’s discharge document does not show the Purple Heart as an authorized award.

There is no evidence in the limited records available to the Board that the FSM was awarded the Purple Heart.  There also is no indication in the reconstructed records that the FSM was wounded or treated for wounds 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 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.
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 Board noted the applicant’s contention that she and the remainder of the family know the FSM “had the Purple Heart.”  However, the FSM authenticated his discharge showing that he was not wounded and was not awarded the Purple Heart, and there is no evidence available to the Board which shows that the FSM was awarded the Purple Heart.

2.  There also is no evidence in the reconstructed records which shows that the FSM was wounded or treated for wounds as a result of hostile action during World War II.

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 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

FKM____  MW_____  KLW____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998012554	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990310	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR 615-361.  .  .  .  .  	
DISCHARGE REASON	CERTIFICATE FOR DISABILITY DISCHARGE	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR HARRELL	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.