MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 July 2000
	DOCKET NUMBER:   AR2000037607

	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. David H. Keller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner 		Chairperson	
	Mr. John Saputo 		Member	
	Mr. Roger Able 		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 award of the Purple Heart.

APPLICANT STATES:  That the Purple Heart was not shown in his separation documents.  To support his request, he submits a copy of WD AGO Form 106 (Request for Decoration and/or Citation) claiming he was injured on a parachute jump and was “tagged by 221 Medics.”

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

He was inducted and entered active duty on 10 March 1944.  Upon completion of all required military training, he was assigned to the 511th Parachute Infantry Regiment (PIR), 11th Airborne Division, serving in the Asiatic-Pacific Theater of Operations from 14 November 1944 to 11 February 1946 where he participated in two campaigns.

On 18 November 1944, the 11th Airborne Division landed near Tacloban, Leyte, and participated in the liberation of the Philippine Islands.  At the end of January 1945, the 187th and 188th Para/Glider Regiments landed at Nasugbu, Southern Luzon, about 60 miles South of Manila.  As they fought their way to Tagaytay Ridge, they were reinforced by a parachute drop of the 511th PIR on 3 February 1945.

The applicant’s medical records show that he suffered from malaria, amebic dysentery, and hepatitis and was hospitalized at the 13th Station Hospital, the 133 General Hospital, and the 1st Convalescent Hospital for a period of 3 months. Although, his records are incomplete, they show that by 8 February 1945, he was hospitalized for the above diseases.  Nothing in the applicant’s medical records shows that he ever suffered from a combat-related wound during this, or any other, period of time.

A report of physical examination conducted at Fort Dix, New Jersey, shortly before his discharge, indicated only that the applicant had suffered from “malaria, amebic dysentery, hepatitis, jungle rot, fungus infection and pleurisy,” with line of duty “yes” and disability “no.”  The “Statement and Medical History of Examinee,” which the applicant furnished for the examination, does not contain information concerning wounds or injuries other than what is described.

The applicant was discharged on 3 March 1946 for reasons of dependency.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation), which he authenticated as correct with his signature and thumbprint, does not list the Purple Heart as an authorized award and block 34 (Wounds Received in Action) states “none.”

Army Regulation 600-8-22 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 in available records to indicate that the applicant was ever wounded as a result of hostile action and is therefore not entitled to award of the Purple Heart.  The applicant’s records do not support his request and there are no casualty report entries in his medical files, only records pertaining to hospitalization for disease.

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.  The WD AGO Form 106 submitted by the applicant in 1946 was merely a request for the Army’s Adjutant General Division to research whether he was entitled to the Purple Heart; it is not proof that he is entitled the award.

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 the aforementioned 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

__rjw____  __js____  __ra_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000037607	
SUFFIX		
RECON		
DATE BOARDED	20000711	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	110.00	
3.	142.00	
4.		
5.		
6.