MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           15 June 2000
	DOCKET NUMBER:   AR2000039065

	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
Mr. David H. Keller		Director
Analyst	

  The following members, a quorum, were present:

	Mr. Orville W. Troesch Jr.		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Ms. Margaret V. Thompson 		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 he was wounded prior to his capture by German Forces and his wound was never treated.  He currently has the scars on his right arm from shrapnel wounds.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records:

The applicant was inducted and entered active duty on 15 March 1943.  He served in the European Theater from 12 February 1944 to 16 May 1945 and participated in three campaigns.

He was discharged on 1 November 1945 as a result of demobilization.  His WD AGO Form 53-55 (Report of Separation), which he authenticated as correct with his signature and thumbprint, does not list the Purple Heart as an authorized award in block 33, and block 34 (wounds received in action) states “none.”  Block 33 incorrectly lists two awards; the American Campaign Medal is listed as the American Service Medal, and the European-African-Middle Eastern Campaign Medal is listed as the European-African-Middle Eastern Service Medal.

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.

On 20 December 1990, the Army Reserve Personnel Center issued a DA Form 1577 authorizing issuance of the following awards to the applicant:  Bronze Star Medal, Good Conduct Medal, American Campaign Medal, European-African-Middle Eastern Campaign Medal with three Bronze Service Stars, World War II Victory Medal, Combat Infantryman Badge, Honorable Service Lapel Button World War II, Marksman Badge with Rifle Bar, and Prisoner of War Medal.

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.  The applicant’s personally authenticated separation documents do not support his request.

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.

3.  While it is unfortunate that the fire at the National Personnel Records Center in July 1973 may have caused the loss of any available medical documentation to support the applicant’s claim that he is entitled to the Purple Heart, it is equally unfortunate that the applicant waited 54 years after his separation before attempting to obtain the award.

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.

NOTE:  The Support Division, Army Review Boards Agency at St. Louis, is requested to correct the applicant’s WD AGO Form 53-55, decorations and citations, to add/correct the following awards:  Bronze Star Medal, Good Conduct Medal, American Campaign Medal (vice American Service Medal), three Bronze Service Stars with the European-African-Middle Eastern Campaign Medal (vice European-African-Middle Eastern Service Medal), World War II Victory Medal, Combat Infantryman Badge, Honorable Service Lapel Button World War II, Marksman Badge with Rifle Bar, and Prisoner of War Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__owt___  __kan___  __mvt ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000039065	
SUFFIX		
RECON		
DATE BOARDED	20000615	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	142.00	
3.		
4.		
5.		
6.