MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           17 October 2000                  
	DOCKET NUMBER:   AR2000044434

	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. Anita L. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Ms. Barbara J. Ellis 		Member	
	Ms. Linda D. Simmons 		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 sustained a wound to his neck and arm as a result of enemy fire during World War II.  He contends that during the D-Day landing at Omaha Beach, his landing craft was hit by enemy fire, resulting in his injuries.  In support of his application, he submits a description of his landing at Omaha Beach which was published in the “Twenty-Niner,” a publication of the 29th Division Association.  He also submits 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 are presumed 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 3 July 1943.  He served as an auto equipment operator in the European-African-Middle Eastern Theater of Operations from 17 January 1944 until approximately 17 December 1945 and was honorably discharged on 3 January 1946. 

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 53-55 states “NONE.”

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.  The Board noted the applicant’s contention that he sustained a wound to his arm and neck as a result of enemy fire during World War II.  However, the applicant has not submitted evidence which shows he was treated for his wounds as a result of hostile action.  Further, the pertinent Army regulation states that evidence must be available to show the applicant required treatment for his wounds and that the medical treatment was made a matter of his official record.  Unfortunately, the applicant’s service records are presumed lost or destroyed in the National Personnel Records Center 1973 fire.

2.  The available evidence in the record shows that 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. 

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.  The applicant has failed to submit evidence that would satisfy 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

__BJE___  __LDS__  _RVOC__  DENY APPLICATION

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

INDEX

CASE ID	AR2000044434	
SUFFIX		
RECON		
DATE BOARDED	20001017	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460103	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	Convenience of Govt - Demobilization	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015.0000	
2.		
3.		
4.		
5.		
6.