MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            26 September 2000 
	DOCKET NUMBER:   AR2000042535

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Thomas F. Baxter		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:  In effect, that he is entitled to the Purple Heart based on the opinion of a medical report from a VA doctor dated 26 April 2000.  In support of his application, he submits a medical record dated 26 April 2000; VA documentation 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:

The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 
10 August 1943.  He served as a truck driver in the European Theater of Operations from 1 August 1944 through 11 August 1945 and was honorably discharged on 30 November 1945.  

The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. 

There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action.  Item 
34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-55 states “NONE”. 

The applicant provided a Standard Form 508 (Medical Record), dated 26 April 2000, which shows the entry “Based on a 7/99 scan, [applicant] has shrapnel in his head, related to war injuries.”  

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, 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.  There is no evidence of record available to the Board which shows the applicant was wounded or treated for wounds due to hostile action during World War II.

2.  The Board noted the medical document, dated 26 April 2000, submitted by the applicant which indicates that he has shrapnel in his head which is related to war injuries.  However, this report made approximately 55 years after the fact is not sufficient as a basis for award of the Purple Heart, particularly in view of the evidence of record which shows the applicant was not wounded and did not receive the Purple Heart.  

3.  The applicant signed his discharge document attesting to the fact that he was not wounded as a result of hostile action and was not entitled to award of the Purple Heart.

4.  The preponderance of evidence in this case shows the applicant was not wounded or otherwise entitled to award of the Purple Heart.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart.

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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

AAO____  MHM____  TFB____  DENY APPLICATION

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

INDEX

CASE ID	AR2000042535	
SUFFIX		
RECON		
DATE BOARDED	20000926	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19451130	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Convenience of the Government	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.