MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           22 April 1999
	DOCKET NUMBER:   AR1999021978

	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:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Mr. Thomas A. Pagan		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 his WD AGO Form 53-55 ( Enlisted Record and Report of Separation) be corrected to show that he was awarded the Purple Heart.

APPLICANT STATES:  That his WD AGO Form 53-55 does not show the award of the Purple Heart. 

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

The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 15 June 1943.  He served in the European African Middle Eastern Theater of Operations from 7 June 1944 to 24 January 1946 and was honorably discharged on 10 February 1946.

The applicant states that he received a wound to his stomach below his belly button during 1943 and spent approximately one week in a hospital in Northern
France.

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

There is no record that the applicant was awarded the Purple Heart.  There also is no indication that he was wounded as a result of hostile 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 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.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded during his service in the European African Middle Eastern Theater of Operations.  Therefore, he is not entitled to 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

INW_____  EB_____  TAP_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999021978	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990422	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460210	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 107		
2.		
3.		
4.		
5.		
6.