MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:             8 July 1999
	DOCKET NUMBER:    AR1999021142

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Mr. Roger W. Able		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:  In effect, that her deceased husband’s DD Form 214 (Report of Separation from Active Duty) with an effective date of 31 August 1974 be corrected to show the award of the Purple Heart.

APPLICANT STATES:  In effect, that her husband, a former service member
(FSM) was wounded during World War II in Australia.  She also states that item 39 of the FSM’s Standard Form 88 (Report of Medical Examination) shows the entry “shrapnel wounds both knees 1942, Australia, hospitalized four days”.  In support of her application she submits copies of the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), DD Form 214, WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement) and Standard Form 88.

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

The FSM’s military records show he entered active duty on 17 September 1940 as an administrative noncommissioned officer.  He served in the Asiatic Pacific Theater from 5 December 1941 to 30 August 1944 and from 4 December 1944 to 11 June 1945 and was honorably discharged on 3 September 1945.

After a break in service, the FSM was appointed as a second lieutenant on 2 September 1948 in the Ordnance Branch.  He continued to serve until he was honorably released from active duty and placed on the Army of the United States Retired List effective 31 August 1974 in the pay grade of COL/0-6.

The FSM’s WD AGO Form 53-55 does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received in Action) of the applicant’s 
WD AGO Form 53-55, which was authenticated in his own hand, shows the entry “NONE”.

The applicant provides a copy of the FSM’s Standard Form 88, which shows in item 39, that he received shrapnel wounds to both knees in 1942 in Australia and was hospitalized for four days.

The applicant’s personnel records show he served in Australia from 5  December 1941 to 30 August 1944, which was not designated as a combat zone during World War II.

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.  Evidence of record shows the FSM received shrapnel wounds to both of his knees in 1942 while serving in Australia.  However, Australia was not designated as a combat zone during World War II.  Therefore, the FSM is not entitled to the award of 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

CMF____  RVO____  RWA____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999021142	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990708	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19740831	
DISCHARGE AUTHORITY	AR /TITLE 10	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.