MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            25 July 2000                  
	DOCKET NUMBER:   AR2000038341

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John H. Kern		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:  Award of the Purple Heart.

APPLICANT STATES:  That the unit to which he was assigned was hit by an “88”, but he never received his Purple Heart.  He states that he was rendered unconscious and was in a coma for 4 days.  Also, he states that he had a complete loss of memory.  He further states that when he “came to”, he had a gash on his forehead, a broken nose, and some damage to his mouth.  Finally, he contends that the hospital was overrun by the enemy and he was captured, but he escaped.

EVIDENCE OF RECORD:  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources which show:

The applicant entered active duty on 24 May 1943.  He served as an administrative noncommissioned officer (NCO) in the European-African-Middle Eastern Theater of Operations from 1 October 1944 through 9 March 1946.  The applicant was honorably discharged on 24 March 1946.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation—Honorable Discharge) does not show the Purple Heart as an authorized award.

The applicant’s WD AGO Form 53-55 shows the entry “None” in item 34 (Wounds Received in Action).

There is no evidence available to the Board that shows the applicant was awarded the Purple Heart.  There also are no medical records available which show he was wounded or treated for wounds as a result of hostile action.

There is no evidence of record that shows that the applicant was taken prisoner or held captive while in the hospital in Europe.  

A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape.  In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC).  The availability of the information to the NPRC received considerable publicity by the various veterans service organizations.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.  Searches of these files fail to show that the applicant was wounded or injured as a result of enemy action.

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, 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 awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Therefore, the applicant is not entitled to award of the Purple Heart.

2.  The Board noted the applicant’s contention that he was captured and held as a prisoner while he was in the hospital; however, there is no evidence, and the applicant has provided no evidence, which shows he was taken prisoner or held captive during World War II.

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 this 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

TSK____  SK______  JHK_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000038341	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000725	
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.