MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            7 June 2000      
	DOCKET NUMBER:   AR2000038311

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. James P. Stueve		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:  As the widow of a deceased former service member (FSM), correction of her husband’s military records to show award of the Purple Heart. 

APPLICANT STATES:  That the FSM was blown out of his tank at the Battle of the Bulge in January 1945, evacuated to McCaw General Hospital, in Walla Walla, Washington, and subsequently discharged by reason of disability.  In support of her application, she submits a copy of the FSM’s WD AGO Form 
53-55 (Enlisted Record and Report of Separation) and WD AGO Form 100 (Army Separation Qualification Record). 

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

The FSM’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the FSM was inducted on 15 April 1944.  He served as a tank driver in the European Theater of Operations from 12 January 1945 through 13 March 1945 and was honorably discharged on 25 April 1945 by reason of physical disability.

The FSM’s discharge document, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. 

There is no evidence in the available records that shows the FSM was awarded the Purple Heart or was wounded as a result of hostile action.  Item 34 (Wounds Received in Action) of the FSM’s WD AGO Form 53-55 states “NONE”. 

The applicant provided a copy of the FSM’s WD AGO Form 100 (Army Separation Qualification Record), dated 25 April 1945, which states “Was injured in combat”.  There is no evidence that this injury was the result of hostile action in combat.

The available records contain information from the Hospital Admission Cards created by the Office of the Surgeon General, Department of the Army (1942 - 1945) which indicates the FSM was hospitalized for treatment of a hernia on
19 February 1945 in the European Theater of Operations.  He was hospitalized overseas for 21 days and then transferred to McCaw General Hospital in Walla Walla, Washington, where he remained until he was discharged by reason of disability on 25 April 1945.   

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, 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 Board noted the applicant’s contention that the FSM was blown out of his tank at the Battle of the Bulge in January 1945, evacuated to McCaw General Hospital, in Walla Walla, Washington, and subsequently discharged by reason of disability.  However, medical evidence of record shows the FSM was hospitalized for a hernia in the European Theater of Operations, transferred to McCaw General Hospital and subsequently discharged by reason of disability. 

2.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows the FSM was wounded or treated for wounds due to hostile action during World War II.  Therefore, the FSM is not entitled to award of 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 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

MKP____  ESC____  JPS_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000038311	
SUFFIX		
RECON		
DATE BOARDED	20000607	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19450425	
DISCHARGE AUTHORITY	AR 615-361   	
DISCHARGE REASON	Disability	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.