MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            15 February 2000  
	DOCKET NUMBER:    AR1999023734

	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.

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred Eichorn		Chairperson	
	Ms. Karol A. Kennedy 		Member	
	Mr. Roger 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, four awards of the Purple Heart (correctly known as the Purple Heart with three Oak Leaf Clusters).

APPLICANT STATES:  In effect, that he was wounded on two separate occasions in New Guinea and wounded on two separate occasions in Luzon.  In support of his application, he submits two letters of explanation; a 30 December 1999 letter from the U.S. Army Reserve Personnel Command to a Member of Congress; orders, dated 1 September 1944, for award of the Purple Heart; a copy of his Report of Physical Examination, dated 15 August 1945; a copy of his Certification of Military Service and an Honorable Discharge Certificate from the USAR dated 8 December 1953. 

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

The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that he served as an enlisted member from 
16 September 1940 to 27 September 1943 and was honorably discharged to accept a commission.  He entered active duty as a second lieutenant on 
28 September 1943, served in World War II, and was released from active duty  on 16 October 1945 in the rank of first lieutenant.

The applicant’s available records do not contain a discharge document (Enlisted Record and Report of Separation).  However, the applicant provided a copy of a Certification of Military Service which attests to the aforementioned military service.

The applicant provided a copy of a 30 December 1998 letter from the U.S. Army Reserve Personnel Command to a Member of Congress which states that the applicant was awarded the Silver Star for his service during World War II.  This letter also shows that the applicant was awarded the Purple Heart with two Oak Leaf Clusters for wounds received in June 1944 (New Guinea) and January and April 1945 (Luzon, Philippines).  The U.S. Army Reserve Personnel Command letter further stated “The document received with your request and his separation document, failed to verify his entitlement to a fourth award of the PH [Purple Heart].”    

The applicant provided Headquarters 158th Infantry Regiment General Orders Number 11, dated 1 September 1944.  Paragraph 2 of these orders state:  “The following named officer and enlisted men, having been awarded Purple Heart Medals for wounds received in action in the Wakde-Sarmi area, Dutch New Guinea, or the Noemfoor Island Operation, will be presented with the Purple Heart at a Retreat Parade of the Provisional Battalion in their honor, 1 September 1944” 

WD AGO Form 63 (Report of Physical Examination), dated 15 August 1945, shows the applicant received a gunshot wound with residuals of two 1” circular scars to the right thigh/leg on 25 January 1945 in Luzon and received a shrapnel wound (½” scar) left hip in June 1944 in New Guinea. 

There is no evidence in the available records which shows the applicant was injured or wounded a fourth time as a result of hostile action during World War II.

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, 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 are no orders and there is no discharge document available to the Board which shows the number of Purple Hearts awarded to the applicant for wounds sustained during his service in World War II.  The applicant’s separation medical examination shows he was wounded two times, once in New Guinea and once in Luzon.  However, the Board notes that an investigation by U.S. Army Reserve Personnel Command revealed that the applicant was awarded the Purple Heart with two Oak Leaf Clusters for wounds received in June 1944 (New Guinea) and in January and April 1945 (Luzon, Philippines).

2.  Since the applicant’s records were destroyed in the National Records Personnel fire of 1973 and there is no other evidence of record to confirm the number of Purple Hearts awarded to the applicant, the Board finds that the statement by U.S. Army Reserve Personnel Command showing the applicant was entitled to three awards of the Purple Heart sufficient as a basis for three awards of the Purple Heart in this case.   

3.  The Board noted the applicant’s contention that he was wounded on two occasions in New Guinea during World War II.  However, there is no evidence available to the Board which shows he was wounded or treated for wounds due to hostile action in New Guinea on more than one occasion.  Therefore, he is not entitled to any additional awards of the Purple Heart.

4.  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.

5.  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

FE______  KAK____  RA______  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999023734	
SUFFIX		
RECON		
DATE BOARDED	20000215	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19451016	
DISCHARGE AUTHORITY	  	
DISCHARGE REASON	Released from active duty	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.