MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:             22 March 2000                 
	DOCKET NUMBER:    AR1999028821

	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. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Arthur A. Omartian		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 a second Purple Heart for wounds/injuries suffered as a result of his Prisoner of War (POW) status in January 1945.

APPLICANT STATES:  He was a POW at STALAG 9-C, Frankfurt, Germany in January 1945.  At that time, he was being transferred to another POW camp when a German guard stabbed him in the left chest because he wasn’t moving fast enough.  There are no medical records available since he was not treated at a US Military facility. He states that he does have scars still on the chest.

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 information contained in the applicant’s file that was established in 1988 when he was awarded the POW Medal.

His WD AGO Form 53-55, Enlisted Record and Report of Separation shows that he was inducted on 30 September 1942, received training as an infantryman and served in the European Theater of Operations from November 1944 to May 1945.  He was honorably discharged with a Certificate of Disability Discharge on 15 November 1945 in the grade of corporal.

Awards shown on his WD AGO Form 53-55 include the Purple Heart, the Good Conduct Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal, the World War II Victory Medal and the Combat Infantryman Badge.

On 18 April 1988 the applicant applied for and was granted the POW Medal for his captivity by the Germans from January 1945 to April 1945.  Evidence submitted in support of the award was an envelope from him to his parents showing his return address as a German POW compound.  Coincident with awarding him the POW Medal, he was also awarded the Bronze Star Medal based on having been awarded the CIB.  All three medals were issued to him on 22 June 1988.

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 also provides that for those who became POWs after         25 April 1962, the Purple Heart will be awarded upon submission by the individual of an affidavit that is supported by a statement from a witness, if possible.

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 while a POW.

2.  Unfortunately, in the absence of supporting evidence or records, it is not possible to determine the applicant’s qualification for the Purple Heart.

3.  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 this requirement.

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_jma ____  __tsk ___  __aao___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028821	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000322	
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.