MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            2 November 2000
	DOCKET NUMBER:   AR2000041514

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. William D. Barr		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 was knocked out by a shell blast in July 1944; however, because of the confusion that existed at “D-Day”, he was not recommended for award of the Purple Heart.  In support of his application he submits a copy of his report of separation (WD AGO Form 53-55) and a copy of a form from a medical record.

EVIDENCE OF RECORD:  The applicant's military records were destroyed in the 1973 fire at the national Personnel Records Center in St. Louis, Missouri which destroyed millions of service records.  However, the applicant’s report of separation shows: 

He was inducted in Houston, Texas on 31 August 1943 and departed for the European African Middle-Eastern (EAME) theater of operation on 5 April 1944.  He remained in the EAME theater of operation until he was returned to the United States on 22 December 1945.  He served in the Normandy, Northern France, Ardennes and Rhineland campaigns.

On 9 January 1946 he was honorable discharged at Camp Fannin, Texas in the rank of Private First Class.  He had served 2 years, 3 months and 16 days of active service and had 23 days of lost time.  His report of separation, which was signed by the applicant, indicates in item 34 that he received no wounds in action. 

The document submitted by the applicant with his application appears to be a page from a separation physical.  However, it does not contain a form number nor does it contain any information that will relate it to the applicant.  While the form indicates that the individual was hospitalized in July 1944 for 3 weeks of battle fatigue and that he previously was knocked out by a shell blast, it does not indicate that it pertains to the applicant.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound/injury was a result of hostile action, that the wound/injury must have required treatment by a medical officer, and that the medical treatment was 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.  The evidence submitted by the applicant consists of a poorly photocopied document that contains no identification of the form or any relation to the applicant.  Additionally, the evidence of record fails to show that the applicant was wounded/injured as a result of enemy action; therefore, there is no basis for the Board to award him the Purple Heart.

2.  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.

3.  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

___fe ___  __tsk ___  ___wdb__  DENY APPLICATION

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

INDEX

CASE ID	AR2000041514	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/11/02	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.		
3.		
4.		
5.		
6.