MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            22 October 1998   
	DOCKET NUMBER:   AC98-10789

	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:

	Ms.	June Hajjar		Chairperson	
	Mr.	Fred K. McCoy		Member	
	Ms.	Shirley L. Powell		Member	

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	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 was hit in the helmet by a sniper’s bullet on 30 March 1945 which resulted in the skin being broken on his head.  In support of his application he submits statements from his comrades that attest that he was wounded. 

EVIDENCE OF RECORD:  The applicant's military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri which destroyed approximately 18 million records.  However a search of alternate records show that the applicant enlisted in the Enlisted Reserve Corps on 24 November 1942 and that he entered active duty on 8 March 1943.

The applicant departed for the European Theater of Operation and he served in Europe until 14 July 1945, when he was returned to the United States.

He was honorably discharged at the convenience of the government on 13 February 1946 at Fort Dix, New Jersey.  He had served 2 years, 11 months, and 5 days of total active service of which 6 months and 7 days were foreign service.  He was awarded the American Service Medal, the European-African-Middle Eastern Service Medal, the World War II Victory Medal, and the Good Conduct Medal.

A review of hospital admission records as well as the applicant’s unit records during the period in question failed to reveal any indication that he was wounded or that he was treated for a wound.

A review of the supporting statements submitted by the applicant from two of his comrades show that they are identically written and indicate that they were present at the time the applicant was shot in the head by what was believed to be a sniper and a dent was put in his helmet.  The statements indicate that he was knocked unconscious and that medical treatment was rendered but he was not examined by a doctor.

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 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.  There is no evidence in the available records to show that the applicant was ever wounded or that he was awarded the Purple Heart.  Therefore, there is no basis for the Board to correct his records as he is requesting. 

3.  The Board has considered the supporting statements submitted by the applicant and finds that given the passage of time, the unavailability of his original records, and the failure of unit records to document his claim, that they are not sufficiently convincing to warrant awarding him a Purple Heart at this time.

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

__jh ____  __fkm___  __slp____  DENY APPLICATION

						Loren G. Harrell
						Director