MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  4 August 1999
	DOCKET NUMBER:  AR1998013385

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. John H. Kern		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.

APPLICANT STATES:  In effect, that he was never awarded the Purple Heart for wounds received in combat on 25 September 1944.  He states that he was treated at the field hospital the morning after he was wounded. Further, he submits three statements from former servicemen written in his behalf recalling the incident.  Additionally, he contends that in 1997, he received surgery on his nose and sinus to remove two chipped bones from the injury he received in 1944.  He also had $4,200 worth of dental work done on seven teeth that were knocked loose as a result of that injury.  He claims that the Department of Veterans Affairs (VA) paid $500 towards his dental bill.  He also submits a request to the VA for service connection for his sinus/dental problems.

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

That he was inducted into the Army of the United States on 23 February 1943, he completed basic and advanced individual training and was awarded military occupational specialty (MOS) 533 (Demolition Specialist).  He was honorably discharged on 
1 December 1945.

The applicant’s WD AGO Form 53-55 (Honorable Discharge) shows that he was awarded the Good Conduct Medal, the World War II Victory Medal and the European African Middle Eastern Campaign Medal (with five bronze service stars).  However, on 
20 November 1993, the Army Reserve Personnel Center awarded the applicant the silver service star in lieu of the five bronze service stars. 

The WD AGO Form 53-55 does not show the Purple Heart as an authorized award nor that he received any wounds. 

A copy of a medical record obtained from the Veterans Administration shows that on 
25 September 1944, the applicant’s lip was injured when a riffle fell on his face while he was sleeping.  His treatment consisted of “extraction R2, debridement, and two sutures.”

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.  Sustaining 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, and advisory opinion(s), 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 of record which shows that the applicant was treated for wounds or an injury received in action against a hostile force.  Further, the statements provided by his buddies support the evidence that the injury was the result of a rifle falling on his face.

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

FKM____  GDP_____ JHK_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013385	
SUFFIX		
RECON		
DATE BOARDED	19990804	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19851206	
DISCHARGE AUTHORITY	AR615-365  	
DISCHARGE REASON	For the convenience of the government 	
BOARD DECISION	(NC)	
REVIEW AUTHORITY		
ISSUES         1.	A92.03	
2.		
3.		
4.		
5.		
6.