MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:         

	BOARD DATE:              7 September 2000                  
	DOCKET NUMBER:     AR2000035971

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas B. Redfern, III		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 his military records be corrected to show that he was awarded the Purple Heart.

APPLICANT STATES:  That he was not awarded the Purple Heart for a combat injury he incurred on 15 August 1944 in France.

In support of his request, he has provided a statement detailing the circumstances of his injury and pointing out that the only eyewitnesses to his injury are now deceased.

EVIDENCE OF RECORD:  The applicant's military records show:

He was born on 17 March 1916 and entered active duty on 26 June 1942.  He served in the Mediterranean and European Theaters of Operations from            15 October 1942 to 4 October 1945 and was honorably separated on 27 January 1946 in the grade of major.  He subsequently entered the US Army Reserve and retired in 1976 in the grade of lieutenant colonel.

His awards include the Bronze Star Medal, the American Defense Service Medal, the European-African-Middle Eastern Campaign Medal with Bronze Arrowhead and One Silver and Three Bronze Service Stars, the World War II Victory Medal, the Distinguished Unit Citation, the French Croix de Guerre, the Marksman Badge with Rifle Bar and the World War II Honorable Service Lapel Button. 

His Military Record and Report of Separation (WD AGO Form 53-98) does not reflect the Purple Heart as an authorized award in item 29 (Decorations and Citations), nor does item 30 (Wounds received in Action), contain an entry reflecting that he was wounded.

The applicant’s military records do not disclose any treatment for a combat related injury/wound during his World War II service.

In the statement accompanying his application, he indicates that he was wounded in the left cheek, apparently by fragments of a German artillery shell on 15 August 1944.  He was treated on the spot by a medic who stopped the bleeding then continued on with his duties.  He believes that his wound was never recorded or reported and the only two witnesses to the event, the medic who treated him and another soldier who was with him at the time have both since passed away.

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.  The record contains no evidence and the applicant has provided no evidence to substantiate that he was wounded in action.  In the absence of corroborating evidence, there are no grounds for this Board to award 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 this 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

_cla_____  __wtm_ _  ___tbr_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000035971	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000907	
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.