MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           14 April 1999                  
	DOCKET NUMBER:   AR1999022031

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Karen L. Wolff 		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Thomas B. Redfern, III		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, as the widow of a deceased former service member (FSM), requests correction of her husband’s military records to reflect award of the Purple Heart.

APPLICANT STATES:  That the FSM was shot in the leg/thigh in World War II in Germany.  She contends that he needed to get home after the war and did not fill out the paperwork to receive his Purple Heart.  In support of her application, she submits three letters (one dated in 1984 and two dated in 1982) from the FSM’s commanding officer, a sergeant and a fellow soldier attesting to the FSM’s shrapnel wound during World War II.  She also submits two WD AGO Forms
53-55 (Enlisted Record and Report of Separation). 	 

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

The FSM’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 FSM was inducted on 13 January 1943.  He served as a gunner in the European Theater of Operations (from 30 September 1944 through 28 November 1945) and was honorably discharged in the grade of corporal on 4 November 1945 for the convenience of the government to enlist in the Regular Army.  He enlisted on 5 November 1945 for a period of 15 months.  On 21 November 1946, he was honorably discharged in the grade of private under the provisions of Army Regulation 615-362, for personal reasons.  He had served 3 years, 3 months, and 2 days of total active service with 204 days lost.

The FSM’s WD AGO Forms 53-55, which are authenticated in his own hand, do not show the Purple Heart as an authorized award.

There is no evidence in the available records that show the FSM was awarded the Purple Heart or was wounded as a result of hostile action.  Items 34 (Wounds Received in Action) of each WD AGO Form 53-55 states “None”.

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.  The Board notes the three statements submitted on behalf of the FSM.  However, these statements made approximately 40 years after the fact is not sufficient by themselves as a basis for award of the Purple Heart in view of evidence of record which shows the FSM was not wounded. 

2.  There is no evidence of record available to the Board which shows the FSM was wounded by hostile action.  Therefore, he is not entitled to award of the Purple Heart.

3.  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.

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

KLW____  AAO____  TBR_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022031	
SUFFIX		
RECON		
DATE BOARDED	19990414	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19461121	
DISCHARGE AUTHORITY	AR 615-362  	
DISCHARGE REASON	PERSONAL REASONS	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.