MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 October 2000
	DOCKET NUMBER:   AR2000040771

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Ms. Carol Jo Suiter		Member	
	Mr. John E. Denning		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 his Report of Separation or Discharge (WD AGO Form 53-55) be amended to show the award of the Purple Heart.

APPLICANT STATES:  That he is entitled to the Purple Heart because he was wounded while he was in Germany and he was confined to the hospital.  He states he should be awarded the Purple Heart and his WD AGO Form 53-55 should be amended accordingly.

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 alternate sources.

He was inducted in the Army on 12 November 1942 and he successfully completed his training as a mess sergeant.

His awards include the Bronze Star Medal, the Combat Infantryman Badge, the Good Conduct Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal, the World War II Victory Medal and the Honorable Service Lapel Button World War II.

He was honorably discharged on 13 January 1946 under the provisions of Army Regulation 615-365 for the Convenience of the Government as a result of demobilization.

A review of the available information fails to show that the applicant was ever wounded while he was in the Army.  Item number 34 on his WD AGO Form 
53-55 ( Wounds Received In Action) indicates that he received no wounds in action.

Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound/injury sustained as a direct result of hostile action.  Substantiating evidence must be provided to verify that the wound/injury was the result of hostile action, the wound/injury must have required treatment by a medical officer, 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.  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.

2.  The applicant’s contentions have been noted by the Board.  However, there is no evidence in the available record, nor has the applicant submitted any evidence that shows that he was wounded in action while he was in the Army.

3.  His WD AGO Form 53-55 clearly shows that he was not wounded while he was in the Army and in the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

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

___cs ___  __jdm___  ___jed __  DENY APPLICATION

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

INDEX

CASE ID	AR2000040771	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/10/12	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015	
3.		
4.		
5.		
6.