MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 February 2001                   
	DOCKET NUMBER:   AR2000044150

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Harry B. Oberg		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:  In effect, that his WD AGO 53-55 (Enlisted Record and Report of Separation Honorable Discharge) item 34 (Wounds Received in Action) be corrected to show that he was wounded while serving in the European-African-Middle Eastern Theater (ETO).

APPLICANT STATES:  In effect, that his WD AGO 53-55 item 34, should read yes to indicate that he was wounded.  He pointed this error out to the clerk when he was being discharged.  He has tried on several occasions to have this error corrected but he has been unable to do so.

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

On 2 March 1943, the applicant was inducted into the Army for 3 years.  He completed the required training and was awarded military occupational specialty 845 (Gun Crewman Heavy Artillery).

The applicant’s service record shows that he departed in September 1944, for assignment in the ETO.  His record also shows that while serving in the ETO he was awarded the Soldier’s Medal for heroism not involving actual conflict with an enemy.  

On 23 March 1945, the applicant disarmed an intoxicated soldier who was holding an ignited grenade and before the applicant could dispose of the grenade it exploded, severely injuring his left hand.

On 23 January 1946, the applicant was honorably discharged from active duty.  He completed 2 years, 11 months and 1 day of creditable active service.  His WD AGO 53-55, shows that he was awarded the Soldier’s Medal, the Victory Medal, the Army Good Conduct Medal, the American Theater Campaign Ribbon, and the European-African-Middle Eastern Theater Campaign Ribbon.  The WD AGO 53-55, item 34, shows “none” for wounds received in action.

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.

2.  The applicant’s injury to his left hand was a result of his heroic action by disarming an intoxicated soldier and was not a result of enemy action.  Therefore, since the applicant’s injury was not a result of enemy action his 
WD AGO 53-55 item 34 is correct by showing no wounds received. 

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

__jh____  __slp___  __hbo___  DENY APPLICATION

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

INDEX

CASE ID	AR2000044150	
SUFFIX		
RECON		
DATE BOARDED	20010213	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.