MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:             2 March 2000                 
	DOCKET NUMBER:    AR1999027993

	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. Edwin S. Castle		Chairperson	
	Mr. Stanley Kelley		Member	
	Ms. Kathleen A. Newman		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 awarded the Purple Heart.

APPLICANT STATES:  In effect, that during World War II he was injured in Germany by enemy fire.  While in the hospital he developed blood poisoning from the wound. He was offered a Purple Heart at that time but declined it because he did not want his mother to know of his hospitalization since she was suffering with heart trouble.

In support of his request, he has provided a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation, and a copy of his WD AGO Form 100, Separation Qualification Record.

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

His WD AGO Form 53-55 shows that he was inducted on 10 March 1941 and received training as a cook.  He served in the European Theater of Operation from February 1944 to September 1945 and was honorably discharged on          8 October 1945 as a technician fourth grade.  His awards include the Good Conduct Medal, the American Defense Service Medal, the European-African-Middle Eastern Campaign Medal and the Honorable Service Lapel Button.  

Neither his WD AGO Form 53-55 or the WD AGO Form 100 show that he was wounded in action or awarded the Purple Heart.

Information from hospital admission cards created by the Office of the Surgeon General, Department of the Army, for the period 1942 through 1945 shows that the applicant was treated for otitis media (inflammation of the inner ear) and hordeolum (inflammatory staphylococcal infection of one or more sebaceous glands of the eyelid) in April 1944.  The admission cards provide no causative agent for either of the diagnoses, nor do they indicate that he was treated for any combat related injuries.

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, provides, that the Army of Occupation Medal (Germany) was awarded for service for 30 consecutive days at a normal post of duty while assigned to the Army of Occupation of Germany (exclusive of Berlin) between     9 May 1945 and 5 May 1955.  Service between 9 May and 8 November 1945 would be counted only if the European-African-Middle Eastern Campaign Medal was awarded for service prior to 9 May 1945.

The awards regulation also authorized the American Campaign Medal to be awarded for service in the American Theater between 7 December 1941 and      2 March 1946; and, the World War II Victory Medal for service between               7 December 1941 and 31 December 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 available records contain no evidence to show that he was wounded as a result of enemy action and is entitled to 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 satisfies this requirement.

3.  Nonetheless, based on his period of service in the European Theater of Operation, it appears that he is entitled to the American Campaign Medal, the Army of Occupation Medal (Germany) and the World War II Victory Medal.

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.

NOTE: The Army Review Board Agency, Support Division, St. Louis, MO. will be directed to issue a correction to the applicant’s WD AGO Form 53-55 showing 

that he was awarded the American Campaign Medal, the Army of Occupation Medal (Germany) and the World War II Victory Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_esc ____  _sk_____  _kan ____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999027993	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000302	
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.