MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            23 December 1998 
	DOCKET NUMBER:   AC98-06268
                                              AR1998013052

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Lester Echols		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:  That he be awarded the Purple Heart.

APPLICANT STATES:  That he is service connected for wounds he received in Saipan and Okinawa yet he was never awarded the Purple Heart.  He further states that since the VA has rated him for his wounds at 0%, he believes that it is an obvious matter of bad records keeping on the part of the Army in those hectic days of WWII and should now be corrected.  In support of his application he submits copies of his units records/morning reports and a copy of his rating by the VA.

EVIDENCE OF RECORD:  The applicant's military records were destroyed in the 1973 fire at the National Personnel Records Center at St. Louis Missouri.  However, records obtained from alternate sources show:

The applicant enlisted in the New York Army National Guard on 18 April 1940 and entered active duty on 15 October 1940.  He was awarded the military occupational specialty of an auto mechanic after attending the Department Motor School and Motor NCO service schools and was transferred to the Western Pacific Theater of Operations on 10 March 1942.

He participated in the Eastern Mandates, Ryukus, and Western Pacific campaigns.  He was awarded the Asiatic-Pacific Service Medal with bronze arrowhead and the Good Conduct Medal.  

He returned to the United States on 24 September 1945 where he was honorably discharged at Fort Dix, New Jersey in the rank of technical sergeant on 3 October 1945.  His report of separation (WD AGO Form 53-55) indicates that he had no wounds received in action.

A review of the documents submitted by the applicant show that the applicant was rated by the VA and was awarded a combined service connection of 30% for post traumatic stress disorder (PTSD) beginning 11 June 1995.  His rating also shows that he received 0% disability for scars, S/P wounds, forearm & hands, residuals of hepatitis, jungle rot, and dengue fever.

A review of the unit records submitted by the applicant show that the applicant was admitted to the hospital for jaundice, acute, infectious, and epidemic hepatitis.  The records show several entries where he was placed on sick in quarters status and sick in hospital status.  None of the entries indicate that he was injured or wounded in action or that he was hospitalized as a result of injuries or wounds that resulted in action against the enemy.  However, there are entries contained in those records on the same page as the applicant’s entries that indicate other members of his unit were seriously injured or wounded in 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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was 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.  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.

2.  The evidence of record fails to clearly show that the applicant was wounded as a result of enemy action or that his wounds were treated by medical personnel and made a matter of official record. 

3.  The Board notes the unit records and the VA decision submitted by the applicant with his records; however, these records fail to show that he was wounded or injured as a result of enemy action.  All of the records, when compared to the VA decision, indicate that the applicant was hospitalized as result of his illnesses contracted while in the theater of operation.  Therefore, without more specific evidence to support his claim of being wounded, there is no basis to award him the Purple Heart.

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

__ro ____  __le ____  __kak____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-06268/AR1998013052	
SUFFIX		
RECON	 	
DATE BOARDED	1998/12/23	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.