MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            3 March 1999
	DOCKET NUMBER:   AR1998012683

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Edward G. Williamson		Member	
	Mr. Gary C. Miller		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, award of the Purple Heart.

APPLICANT STATES:  That “in September 1944, near the Arno River in Italy, [he] was treated at an Army field hospital for severe concussion that affected [his] left ear and that [his] left leg was injured by schrapnel from incoming enemy fire.” He also states that, as a result of his injuries he was sent to the Army Rehabilitation Center at Lake Como, Italy, and stayed there about 15 days before returning to his company. 

EVIDENCE OF RECORD:  The applicant’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  he entered active duty on 14 March 1943.  He completed three months of initial training as a chemical warfare specialist; however, he served the remainder of his enlistment as a clerk typist.  The applicant served in the European-African-Middle Eastern Theater of Operations from 8 September 1943 to 16 November 1945 and was honorably discharged on 3 December 1945.

The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), which is authenticated in his own hand, does not show the Purple Heart as an authorized award and shows “NONE” in item 34 (Wounds Received In Action).  There is no evidence in the records available to the Board which shows that the applicant was wounded or treated for wounds resulting from hostile action.  The applicant’s service medical records were obtained from the Department of Veterans Affairs.  These records do not show that he was treated for wounds or injuries resulting from hostile action.

The applicant’s service medical records show that he was hospitalized in Italy for Urethritis (non-venereal) from 19 November 1944 to 3 December 1944 and that he was also hospitalized for Pharyngitis from 11 October 1943 to 23 October 1943. 

On his separation medical examination, dated 2 December 1945, the applicant listed in item 11 (List all significant diseases wounds and injuries.) “Shell explosion, Nov 1944, Italy” and “Infected ear left at present, Outpatient treatment.” There is no medical documentation to show that these entries were the result of hostile action and there is no entry on the physical examination which shows scars or deformities of the skin normally associated with shrapnel wounds. 

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.  There is no evidence of record which shows that the applicant was awarded the Purple Heart.  

2.  There is no evidence of record available to the Board which shows that the applicant was wounded or treated for wounds as a result of hostile action during World War II.  The Board also notes the applicant authenticated his discharge in his own hand which attested to the facts that he was not wounded and he was not entitled to the Purple Heart.  Based on the foregoing, the Board has determined that there is no basis for award of the Purple Heart in this case.

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

RVO____  EGW____  GCM____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998012683	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990303	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451203	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	DEMOBILIZATION	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR HARRELL	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.