MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                    3 October 2000
	DOCKET NUMBER:           AR2000040916

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Raymond J. Wagner		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 received a shell fragment wound to both lower calves during hostile action and was never issued the Purple Heart.  He also states that he did not want his wife notified of his wounds because it would cause her undue stress.  In support of his application he submits copies of his service medical records and a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation).

EVIDENCE OF RECORD:  The applicant's military records show he entered active duty on 23 May 1939 and continued to serve until he was honorably discharged on 17 April 1951 in order to accept a commission as a warrant officer in the USAR.  He was appointed as a Warrant Officer Junior Grade (WOJG) in the USAR on 18 April 1951 and continued to serve until he was placed on the Army of the United States Retired List on 30 June 1959.

The applicant’s WD AGO Form 53-55 with a separation date of 24 October 1945 does not show the Purple Heart as an authorized award.

Item 34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-55 with a separation date of 24 October 1945, which was authenticated in his own hand, shows the entry “none”.  The Board noted that the copy of the WD AGO Form 53-55 provided with the application has been altered to delete the entry “none” which is clearly shown on a record copy of the WD AGO Form 53-55. There is no record that he was awarded the Purple Heart.  There also is no indication he was wounded as a result of hostile action.

The applicant provided several copies of his service medical records which show he was diagnosed as having severe cramping pains in his left calf from 
a shell fragment wound he sustained in 1944 while serving in the European-
African-Middle Eastern Theater.

Item 21 (Awards and Decorations) of the applicant’s DA Form 66 (Officer Qualification Record) shows the entry “Purple Heart GO (General Order) 
3rd Army 1944 Yes”.

The applicant’s records contain a DA Form 638 (Recommendation for Awards) which shows in item 16 (OTHER U.S. AWARDS RECEIVED (Include date and authority)) the entry “Purple Heart, 1944, General Orders, Hq Third Army”.  
However, these orders are not contained in the applicant’s records.

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 records.

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 Board noted the applicant’s contention that he received a shell fragment wound to his lower calves during hostile action and was never issued the Purple Heart.  However, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds as a result of hostile action while serving in the European-African-Middle Eastern Theater.

2.  Notwithstanding the medical evidence, dated 5 August 1954, provided by the applicant which shows that he was diagnosed as having severe cramping pains in his left calf from a shell fragment wound he sustained in 1944 while serving in the European-African-Middle Eastern Theater, there is no medical evidence from 1944 which shows that he was wounded as a result of hostile action. 

3.  The Board noted the entry in item 21 of the applicant’s DA Form 66 (Officer Qualification Record) and the entry in item 16 of the applicant’s DA Form 638 which show that he was awarded the Purple Heart in 1944 by Headquarters, Third Army.  However, these orders were not contained in the applicant’s personnel records.

4.  The applicant bases his request for the Purple Heart on the medical evidence
which he provided.  However, the applicant authenticated his discharge with a separation date of 24 October 1945, attesting to the fact he was not wounded “as a result of action with enemy forces” and was not awarded the Purple Heart.  The preponderance of evidence of record does not support award of the Purple Heart in this case.

5.  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.

6.  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:

JNS_____  RTD____  RJW____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2000040916	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001003	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19590630	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.