MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            17 August 2000                  
	DOCKET NUMBER:    AR2000034969

	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. Carl W. S. Chun		Director	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Linda D. Simmons		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 his military records be corrected to show he was awarded the Purple Heart.

APPLICANT STATES:  That he was wounded during World War II.  The applicant implies that he feels his injury was due to combat and that he is entitled to the Purple Heart.  

In support of his application he submits a copy of WD AGO 53-55 (separation document).  The WD AGO 53-55 reflects that he was inducted on 27 March 1943, his military occupation was intelligence noncommissioned officer, and he was honorably discharged on 19 August 1946.  The WD AGO 53-55 does not show any entry in item 34 (Wounds Received In Action).

Also submitted is a Veterans Administration (VA) letter informing the applicant he was awarded a disability payment for a condition held to have been incurred or aggravated during his war service.  The condition is identified as a scar, palm area above left thumb.

EVIDENCE OF RECORD:  The applicant's military personnel records were lost or destroyed in the National Personnel Records Center fire of 1973.

The applicant submitted no sworn affidavits, eyewitness statements, certificates, orders, or corroborating statements from commanders, leaders, medical officers or fellow comrades. 

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.

Title 38, United States Code, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service.  In accordance with its own policies and regulations, the VA awards compensation based on an evaluation by that agency.  The VA is not, however, required to determine that an injury or wound resulted from enemy action.

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 is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended or awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.

2.  The VA rating did not indicate that the applicant was wounded as a result of enemy action that required treatment by a medical officer.  The VA rating in and of itself is not sufficient to support the award of the Purple Heart.  Therefore, the applicant is not entitled to the award.

3.  The applicant severely hindered his claim by waiting 54 years to request award of the Purple Heart.  The lengthy time period has contributed to the inability to obtain verifying medical records.  The unknown whereabouts and/or the passing of his former leaders and eyewitnesses, prevents the verification of the applicant’s scenario of events.  Therefore, his request must be denied.

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 this 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

__svw___  ___mhm _  ___lds_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000034969	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000817	
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.	107.0015	
2.		
3.		
4.		
5.		
6.