MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            19 October 2000                  
	DOCKET NUMBER:    AR2000039520

	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:

	Mr. Ernest W. Lutz, Jr.		Chairperson	
	Ms. Tracey L. Pinson		Member	
	Mr. Christopher J. Prosser. 		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 he be awarded the Purple Heart.

APPLICANT STATES:  That he received the Purple Heart – now they say he has not – but he says he did get one or two.  He says that he received a Purple Heart during World War II but it was stolen.  When he wrote to St. Louis for a replacement he was told he was not authorized the Purple Heart.  He contends that he was a rifleman serving with the 99th Division in Belgium when he was wounded in the left wrist.  He was later treated for trench foot injuries and when he inquired about his Purple Heart he was told that it had been taken care of.  He was told after the war that he was entitled to two Purple Hearts, one for the wound to his left wrist and one for his frozen hands and feet.

In support of his request, he has provided a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) and a narrative of the events concerning his World War II injuries.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  Information herein was derived from information furnished by the applicant and from alternate sources.

He was inducted on 17 May 1944 and served with the 99th Division in the European Theater of Operations from November 1944 to May 1946.  He was honorably discharged at demobilization on 29 May 1946 in the grade of technical sergeant.  Awards shown on his WD AGO Form 53-55 include the European-African-Middle Eastern Campaign Medal, the World War II Victory Medal, the World War II Honorable Service Lapel Button, the Combat Infantryman Badge (CIB) and the Marksman Badge with Machine Gun and Rifle Bars.

Based on a subsequent administrative determination made by the US Army Reserve Personnel Center in 1998, he was additionally awarded the Bronze Star Medal (based on award of the CIB), the Good Conduct Medal, the American Campaign Medal, the Army of Occupation Medal (Germany) and the Belgian Fourragere.

His WD AGO Form 53-55 does not show the Purple Heart as an authorized award and block 34 (wounds received in action) of the form does not show that he suffered any wounds in action.

Information obtained from Hospital Admission Cards created by the Office of the Surgeon General show that the applicant was admitted to a station hospital in December 1944 for treatment of trench foot injuries.  The record does not show treatment for any other wounds.

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.

The same regulation provides examples of injuries that clearly do not qualify for award of the Purple Heart.  Among those injuries are frostbite or trench foot injuries.

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 available records do not show that the applicant suffered any injuries during his World War II service that would entitle him to the Purple Heart.

2.  In the absence of clear evidence showing that he sustained injuries directly related to action with the enemy there are no grounds for this Board to award 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 satisfies 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

__ewl ___  ____tlp __  ___cjp___  DENY APPLICATION

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

INDEX

CASE ID	AR2000039520	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001019	
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.