MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           13 June 2000                   
	DOCKET NUMBER:   AR1999023593

	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. Carl W. S. Chun		Director	
	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchannon		Chairperson	
	Mr. John H. Kern		Member	
	Ms. Barbara J. Ellis		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:  That he be issued the ATO Medal, the APTO Medal, the Good Conduct Medal, the World War II Victory Medal and a Purple Heart.

APPLICANT STATES:  That he was wounded in combat and his records were destroyed in a fire at St. Louis, Missouri.  He asks that a Purple Heart Medal be provided in addition to the other awards he requests.

In support of his application, he has provided a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation and a copy of his DVA Rating Decision.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  Information herein is derived from documents provided by the applicant.

His WD AGO Form 53-55 shows that he was inducted on 4 April 1942, served in an antiaircraft artillery battalion in the Asiatic-Pacific Theater of Operations from August 1943 to December 1945, participated in the New Guinea Campaign and was honorably discharged at demobilization on 27 December 1945 in the grade of sergeant.

Awards shown include the “ATO MED;” (the abbreviation for this medal is unknown, possibly it was intended to stand for the Asiatic Theater of Operations Medal but there is no such medal.), the “APTO MED;” (again, the abbreviation for this medal is unknown, but is probably intended to stand for the Asiatic-Pacific Campaign Medal for which he is qualified by virtue of having served in the New Guinea Campaign.), the Good Conduct Medal, the World War II Victory Medal and the Honorable Service Lapel Button World War II.  There is no indication that he was awarded the Purple Heart or that he was wounded in action.

The DVA Rating Decision denied the applicant’s claim for service connection for shell fragment wounds to the right eye and right hip and states that there is no record of treatment in service for shell fragment wound to the right eye and right hip.

Army Regulation 600-8-22, Military Awards, 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 by a medical officer, and the medical treatment must have been made a matter of official record.

The same regulation authorized the Asiatic-Pacific Campaign Medal for service in the Asiatic-Pacific Theater between 7 December 1941 and 2 March 1946.

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 applicant has provided no evidence and the record contains no evidence to show that he was wounded in action and is entitled to the Purple Heart.

2.  With the exception of the ATO MED, which cannot be identified, the applicant is already entitled to the other awards he requests.  It is believed that the reference to the APTO MED on his WD AGO Form 53-55 means the Asiatic-Pacific Campaign Medal therefore, he will also be issued this award. 

3.  In view of the foregoing, there is no basis for granting the applicant's request for the Purple Heart.

NOTE:  The Army Review Board Agency Support Division, St. Louis, will be directed to request the following awards listed on the applicant’s WD AGO Form 53-55 be issued to him: the Asiatic-Pacific Campaign Medal, the Good Conduct Medal, the WWII Victory Medal and the Honorable Service Lapel Button WWII.

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

__eb____  ___jhk___  ___bje __  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999023593	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000613	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.