MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            9 November 2000
	DOCKET NUMBER:   AR2000041395

	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:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Orville W. Troesch, Jr.		Member	
	Ms. Barbara J. Ellis		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 records be corrected to show that he was awarded the Purple Heart.

APPLICANT STATES:  That he was wounded while he was in Europe during World War II and he is entitled to the Purple Heart.  He states that the Purple Heart should have been included on his Enlisted Record and Report of Separation (WD AGO Form 53-55) because he tried to apply for it and he never got a response.  He also states that he is reaching the age of his years and he wants to have the medal, which he surely deserves as a keepsake for his family. In support of his appeal, he submits a copy of a Request for Decoration and/or Citation (WD AGO Form 106) dated 16 March 1946.  He also submits a copy of two letters from the Veterans Administration showing that he is receiving a pension for a post concussion condition that was incurred during his war service.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Army on 27 November 1942 and he successfully completed his training as a heavy truck driver.

His awards include the Good Conduct Medal, the World War II Victory Medal, the European-African-Middle-Eastern Campaign Medal and the American Campaign Medal.

On 16 March 1946, a WD AGO Form 106 was submitted on behalf of the applicant for the Purple Heart.  The WD AGO Form 106 shows that the request for the Purple Heart was based on the applicant being evacuated to an evacuation hospital at Sarrobourgh, France then to First Convalescent Hospital at Sarrobourgh.  The WD AGO Form 106 also indicates that the applicant’s personnel records contain no evidence of authorization for the Purple Heart.

On 17 March 1946, the applicant was discharged for the Convenience of the Government.  The WD AGO Form 53-55 that he was furnished at the time of his discharge indicates that he was not wounded while he was in the Army.

The evidence of record shows that the applicant was treated for numerous medical conditions and injuries while he was in the Army.  However, the records fail to show that the applicant was injured in action as a result of hostile action by the enemy.

Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained as a direct 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.

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, they are not supported by the evidence of record.  The WD AGO Form 106 that was submitted on behalf of the applicant on 16 March 1946 for the Purple Heart indicates that there was no evidence contained in his records that show he was authorized the Purple Heart.

3.  Although the records show that he was treated for different injuries and conditions that were incurred while he was in the Army, there is no evidence of record nor has the applicant submitted any evidence that shows that he was wounded as a result of hostile action by the enemy.  His WD AGO Form 53-55 appears to be correct as currently reflected.

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

__jlp ____  __owt___  __bje ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000041395	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/11/09	
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.