MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            17 August 2000                  
	DOCKET NUMBER:    AR2000035409

	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 received a wound to his left shoulder from an 88 shell during World War II.  When treated for the injury he was informed he was not eligible for the Purple Heart since the wound did not bleed. 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 statement that states that the applicant was treated on several occasions for irritated eyes with Colyron drops.  The writer identifies himself as the officer in charge of the dispensary that treated the applicant and recounts that the dispensary did not always make out a sick report for apparent minor ailments.  The statement does not contain a signature block and is not dated or signed. 

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

His WD AGO 53-55 (separation document) reflects that he was inducted on 24 June 1941, his military occupation was dental technician, and he was honorably discharged on 12 September 1945.  The WD AGO 53-55 does not show any entry in item 34 (Wounds Received In Action).

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

The applicant provided a statement from an unidentified health care person, who claims to have had personal knowledge of the circumstances and events relative to this request.

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.  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 Board noted the one supporting statement.  The statement did not indicate that the applicant was wounded as a result of enemy action or required treatment by a medical officer.  This statement was not sufficient to support the award of the Purple Heart.  Therefore, the applicant is not entitled to the award.
In view of the foregoing, there is no basis for granting the applicant's request.

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	AR2000035409	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
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.