MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            12 January 2000                  
	DOCKET NUMBER:   AR1999025189

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. Luther L. Santiful		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 he be awarded the Purple Heart.

APPLICANT STATES:  In effect, that his military record should be corrected to show that he suffered a wound in combat during World War II that has resulted in his near total deafness.  He contends that in 1945, in Luzon, he was injured by the explosion of Japanese artillery and bled slightly from both ears.  Because he was a captain and a company commander at the time, he never reported his injury.  His hearing disability has now reached 100 percent and he believes that based on that disability he is entitled to the Purple Heart. 

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

He entered service in September 1940 and served in the enlisted ranks until his commissioning through OCS on 1 May 1942.  He served in the Asiatic-Pacific Theater of Operations as an infantry unit commander.  Following the war, he was released from active duty to the USAR.  He reentered active duty for a short period in 1946 then in 1948 returned to active duty once again until his retirement in the grade of lieutenant colonel on 30 November 1961 with over 25 years of service.

His awards include the Bronze Star Medal, the Combat Infantryman Badge, the American Defense Service Medal, the American Campaign Medal, the Asiatic-Pacific Campaign Medal, the World War II Victory Medal, the Army of Occupation Medal (Japan) and (Germany), the Philippine Liberation Ribbon, the Philippine Independence Ribbon, the Philippine Presidential Unit Citation, the National Defense Service Medal, the Armed Forces Reserve Medal, and the Expert Badge with pistol bar.

The applicant’s extensive military personnel and medical records contain no information relative to combat injuries received during WWII.

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.

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.  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 satisfies this requirement.
2.  He has provided no evidence and his military records contain no evidence to show that he was wounded as a result of hostile action as required by the guidance prescribing entitlement to the Purple Heart.  Without such evidence, there is no basis to make the award.

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

__jns  ___  _inw____  _lls _____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999025189	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000112	
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.