MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:             24 October 2000                  
	DOCKET NUMBER:    AR2000041683

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Edwin S. Castle		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 in 1944, he was admitted to a hospital in Nancy, France for frostbite of both feet.  During his examination the doctor discovered shrapnel in his right leg and removed it.  He contends that he saw a lot of action and could have received the wound at any time.  To this day, he still has the scar and on cold days he still feels some discomfort.

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

His WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows that he was inducted on 31 December 1942 and served in the European Theater of Operations from November 1944 to February 1946.  He was honorably discharged on 6 March 1946 in the grade of private first class.

His awards include the Good Conduct Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal, the World War II Victory Medal, the World War II Honorable Service Lapel Button and the Combat Infantryman Badge.  On 24 May 1999, in response to his request, he was issued all of the awards to which he was entitled to include the Bronze Star Medal, which was based on his having been awarded the Combat Infantryman Badge.

The WD AGO Form 53-55 does not show the Purple Heart as an authorized decoration and item 34 (wounds received in action) does not show that he received any wounds.

Army Regulation 600-8-22, Military Awards, 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.

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 available records contain no evidence and the applicant has submitted no evidence to show that he was wounded in action and is entitled to the Purple Heart.

2.  In the absence of any evidence showing that he sustained wounds as a direct result of enemy action there are no grounds for this Board to award the Purple Heart.
3.  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.  He has failed to submit evidence that satisfies this requirement.

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

__mkp___  ___jtm __  ___esc_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000041683	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001024	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.