MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 August 2000                   
	DOCKET NUMBER:   AR2000040747

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. John Saputo		Member	
	Ms. Karen A. Heinz		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:  In effect, that he be awarded the Purple Heart and the Purple Heart 1st oak leaf cluster.  

APPLICANT STATES:  That he was wounded in action twice.  He provides a supporting statement to show he was wounded twice.

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

The applicant enlisted in the Army on 7 June 1941.  He arrived in the Asiatic Pacific Theater of Operations on 27 June 1941 where he performed duties as a rifleman, squad leader and platoon sergeant, the last with a rifle platoon.  

The applicant provides a statement from an unidentified individual, apparently a member of his platoon, who states that in March 1945 they were in an assault on a village in Luzon, The Philippines when the applicant was hit in the head by a bullet.  The bullet went through his helmet, leaving a crease in his head.  The medic put some powder on the applicant’s injury and he continued in the assault. In April 1945, the applicant was hit in the left hip by bomb fragments and was treated by their platoon medic.

The applicant returned from the Asiatic Pacific Theater of Operations on            14 August 1945 and was separated on 20 August 1945.   

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.  The statements of individuals are normally inadequate as the sole basis for an award of the Purple Heart because they do not fulfill the regulatory requirement that there be a record of medical treatment.

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 applicant’s service medical records are not available to verify that the applicant received treatment for his wounds.  The supporting statement provided by an individual unknown except for his name is insufficient to justify awarding the Purple Heart.  Sufficient evidence would be medical records to show he was treated for wounds or other medical evidence, such as VA treatment records, to show he has scars that could have been caused by a bullet and/or bomb fragments.  
2.  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

__mdm___  __js____  __kah___  DENY APPLICATION

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

INDEX

CASE ID	AR2000040747	
SUFFIX		
RECON		
DATE BOARDED	20000810	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.