MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  11 January 2001
	DOCKET NUMBER:  AR2000045306

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Ermest M. Willcher		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Donald P. Hupman, 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:  Award of the Purple Heart.

APPLICANT STATES:  That he was injured by enemy artillery that caused him to be thrown approximately 50 feet.  He also states that he was subsequently removed to the hospital for rectal bleeding and was later transferred to England for surgery twice in September 1944.  In support of his application he submits a copy of his honorable discharge certificate, dated 21 October 1945, a copy of his enlistment record, a copy of his WD AGO Form 53-98, a personal statement and one character reference.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was
inducted on 2 February 1942 to attend the Officer Candidate Course, Anti Aircraft Artillery School.  He was released from the course on 21 October 1942 to accept an appointment as a Second Lieutenant in the Army of the United States.  He was accepted as a Second Lieutenant on 22 October 1942 in the Coastal Artillery Corps and continued to serve until he was released from active duty on 30 December 1945.  He served in the European-African-Middle Eastern Theater from 17 December 1943 to 12 July 1945.

The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) does not show the Purple Heart as an authorized award.  

Item 34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-98, which was authenticated in his own hand, shows the entry “None”.  There is no record that the applicant was awarded the Purple Heart.  There also is no indication that he was wounded as a result of hostile action.

Information from the Hospital Admission Cards Created by the Office of the Surgeon General on 29 August 2000 shows that the applicant was diagnosed as having pharyngitis, tonsillitis, Vincent’s infection (of gums, mouth, pharynx, tonsils (trench mouth), hemorrhoids, and fissure in ano (a painful linear ulcer at the margin of the anus), all of which where non-battle injuries.

Army Regulation 600-8-22 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, and it is concluded:

1.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded due to hostile action during World War II.  Therefore, he is not entitled to the Purple Heart.

2.  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 the aforementioned requirement.

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

__ew___  __dh__  __ac____  DENY APPLICATION

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

INDEX

CASE ID	AR2000045306	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010111	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451209	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.