MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE              15 December 1999
	DOCKET NUMBER:    AR1999027516

	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:

	Mr. Thomas N. Kuhn		Chairperson	
	Ms. Elizabeth Buchanon 		Member	
	Mr. Mark D. Manning		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:  Award of the Purple Heart.  

APPLICANT STATES:  That he was wounded and never got his Purple Heart.  In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separtion) and WD AGO Form 100 (Army Separation Qualification Record).

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 
27 January 1943.  He served as a bugler in the European Theater of Operations from 18 February 1944 until he was hospitalized on 13 January 1945 for psychoneurosis (mixed).  On 6 April 1945, he was transferred from the Army Service Forces Convalescent Hospital to Camp Upton, New York, and remained there until 5 June 1945.  The applicant was honorably discharged under the provisions of Army Regulation 615-361 with a Certificate of Disability for Discharge on 9 June 1945.

The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received in Action) of the
WD AGO Form 53-55 states “None”.

There is no evidence in the available records that show the applicant was awarded the Purple Heart or was wounded as a result of hostile action.  

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.  Although the applicant contends that he was wounded during World War II, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds sustained by hostile action.  Therefore, he is not entitled to correction of his military records to show 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

TNK____  EB______  MDM____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999027516	
SUFFIX		
RECON		
DATE BOARDED	19991215	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19450609	
DISCHARGE AUTHORITY	AR 615-361  	
DISCHARGE REASON	Certificate of Disability for Discharge	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.