MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            28 November 2000
	DOCKET NUMBER:   AR2000042210

	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. Margaret K. Patterson		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Wilfred A. Hale, Jr.		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 received an eye injury while he was in the Philippines in 1945 and the proof of his injury was not placed in his records.  In support of his appeal he submits undated letters from his brother and his sister both stating that he returned home from the Army with an eye injury.

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 into the Army on 27 October 1944.  He successfully completed his training as a radio operator.

His awards include the Asiatic-Pacific Campaign Medal w/1 Bronze Service Star, the Philippine Liberation Ribbon w/1 Bronze Service Star, the World War II Victory Medal and the Army Occupation Medal w/“Japan” Clasp.

He was honorably discharged for the Convenience of the Government on 1 November 1945.  He had completed 1 year and 3 days of total active service.

He reenlisted in the Army on 2 November 1945.  He was honorably discharged on 26 November 1946, for the Convenience of the Government at the expiration of his term of service.  He had completed 1 year and 24 days of total active service during this period of enlistment.  

He was furnished an Enlisted Record and Report of Separation (WD AGO Form 53-55) for each of his periods of enlistment and both WD AGO Forms 53-55 show that he was not wounded in action while he was in the Army.

Army Regulation 600-8-22 provides, in pertinent part, 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, they are not substantiated by the evidence in the available records.  His WD AGO Forms 53-55 clearly show that he was not wounded as a result of hostile action by the enemy while he was in the Army.

3.  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

___jhk __  __mkp___  ___wh___  DENY APPLICATION

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

INDEX

CASE ID	AR2000042210	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/11/28	
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.