MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           31 October 2000
	DOCKET NUMBER:   AR2000045620

	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. Elzey J. Arledge		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Brenda F. Hirschi		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 was wounded as a result of hostile action and treated for the injury during World War II.  He contends that the palm of his right hand landed on the open lid of a C ration can when he hit the ground while avoiding “Nazi 88-mm shells” on 5 February 1945.  He also contends that this injury required three stitches.  In support of his application, he submits a letter of explanation dated 26 July 2000; a copy of a V-Mail dated 6 February 1945 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 
29 May 1943.  He served as an interpreter in the European-African-Middle Eastern Theater of Operations from 1 November 1944 to 15 February 1946 and was honorably discharged on 14 March 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 Form 53-55 states “NONE”. 

The applicant provided a copy of a V-Mail, dated 6 February 1945, which states “Yesterday, right after I got done writing to you, I got hurt by a C ration can, of all things.  I heard something overhead and as I hit the ground the palm of my right hand landed right on top of an open can, sharp side up.  It’s only a flesh wound that has been stitched yesterday with three stitches.”  There is no evidence that this injury was the result of hostile action.

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 was wounded as a result of hostile action and treated for the injury during World War II.  The Board also noted the V-Mail provided by the applicant.  However, there is no evidence of record which shows that the applicant was wounded or treated for wounds due to hostile action during World War II.

2.  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.  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.

4.  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.

5.  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

EJA____  ALR_____  BFH_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000045620	
SUFFIX		
RECON		
DATE BOARDED	20001031	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19460314	
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.