MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            16 June 1999                  
	DOCKET NUMBER:    AR1998013968

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Allen L. Raub		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 his records to show award of the Purple Heart for wounds he received in combat on 10 November 1952.

APPLICANT STATES:  That he did not receive the award because of lost paper work and inefficient actions of administrative personnel.  In support of his application, he submits a personal statement and a copy of orders for award of the Bronze Star Medal with “V” Device, dated 15 January 1953.

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

The applicant initially served in the Regular Army from 7 February 1945 to 1 April 1947 and was commissioned as a second lieutenant (2LT) on 2 April 1947.  He completed over 30 years of active federal service and voluntarily retired on 31 October 1968.  

The applicant’s DD Form 214 (Report of Transfer or Discharge), signed in his own hand, does not show the Purple Heart as an authorized award.  His DA Form 66 (Officer Qualification Record) does not list award of the Purple Heart in item 21 (Awards and Decorations).

There is no evidence in the applicant’s records which show he was awarded the Purple Heart or treated for wounds due to hostile action.  The applicant’s report of medical examination for retirement does not indicate defects of the skin or scars consistent with wounds sustained in combat.

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 available to the Board which shows that the applicant was awarded the Purple Heart or was wounded or treated for wounds due to hostile action.  Therefore, the applicant is not entitled to 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

JMA____  MHM____  ALR_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013968	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990616	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.