MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           1 July 1999
	DOCKET NUMBER:   AR1998014161

	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:

	Ms. Joann H. Langston		Chairperson	
	Mr. Fred K. McCoy		Member	
	Mr. Stanley Kelley		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.

APPLICANT STATES:  That he would like acknowledgement of his Purple Heart and the benefits connected with this award.  In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) and three affidavits, one by the applicant, dated in 1995, and two from fellow soldiers, dated in 1995 and 1997.

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 was inducted on 28 July 1942.  He served in the European Theater of Operations from 19 March 1945 to 4 August 1945 and was honorably discharged on 8 January 1946.

The applicant’s WD AGO Form 53-55 does not show the Purple Heart as an authorized award in item 33 (Decorations and Citations).  His discharge document also shows the entry “None” in item 34 (Wounds Received in Action).

There are no orders, in the very limited records available to the Board, which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  

The affidavits submitted by the applicant and fellow soldiers state that the applicant was loading the 76mm canon of his tank when he received a “rim cut from the 76mm shell on the palm of his right hand.”  The affidavits also state that the applicant’s hand swelled up, he received treatment and was told that he was eligible for the Purple Heart.  The affidavits also state that a turret hatch fell on his index finger on another day.  

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 affidavits submitted by the applicant describe that the applicant sustained an injury to his hand while loading the canon on his tank and when the turret hatch fell on one of his fingers.  The affidavits from the fellow soldiers do not indicate that they were eye witnesses or the specific dates of the applicant’s injuries.  These statements are also made 50 years after the fact.  In view of the evidence of record which shows that the applicant was not wounded and did not receive the Purple Heart, the affidavits by themselves are not sufficient as a basis for award of the Purple Heart.

2.  There is no evidence of record, and the applicant has provided no evidence, that he was wounded as a result of hostile action.  

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

JHL_____  FKM____  SK______  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998014161	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990701	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460108	
DISCHARGE AUTHORITY	AR 615-365.  .  .  .  .  	
DISCHARGE REASON	DEMOBILIZATION	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR HARRELL	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.