MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 December 2000  
	DOCKET NUMBER:   AR2000046635

	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:

	Ms. June Hajjar		Chairperson	
	Mr. Hubert O. Fry		Member	
	Mr. Richard T. Dunbar		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, award of the Purple Heart.  He also requests correction of item 34 (Wounds Received in Action) on his discharge document to show that he was wounded on 25 January 1945 in Saarburg, France.

APPLICANT STATES:  In effect, that on 25 January 1945 in Saarburg, France, he was hit with shrapnel and dislocated his left shoulder when incoming artillery exploded near him.  In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation), a copy of his VA Compensation and Pension Exam conducted on 26 January 1994; a letter of explanation pertaining to his injuries; a copy of a letter from a fellow soldier, dated 23 December 1946, who mentions the applicant’s shoulder injury; a letter to a Member of Congress, dated 17 August 2000; a letter from a Member of Congress, dated 30 August 2000; and a copy of a letter, dated 8 September 2000, from the Review Boards Agency in St. Louis, Missouri.    

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

The applicant was inducted on 26 May 1943.  He served as an electrician (automotive) in the European Theater of Operations from 5 August 1944 through 10 March 1946 and was honorably discharged on 27 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.  Item 34 (Wounds Received in Action) shows the entry “NONE”.

There is no evidence in the applicant’s personnel service records which shows that he was injured or treated for wounds as a result of hostile action during World War II.

Item 11 (List all Significant Diseases, Wounds, and Injuries) on the applicant’s WD AGO Form 33 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), dated 30 March 1946, makes no mention of any wounds or injuries sustained as a result of hostile action.  

The applicant provided a copy of his VA Compensation and Pension Exam conducted on 26 January 1994.  This exam states “X-rays of the left shoulder revealed a large, round, metallic, foreign body, medial to the surgical neck of the humerus.” and “Status post shrapnel wound of the left shoulder with x-ray evidence as noted above”.

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 which shows the applicant was injured or treated for wounds as a result of hostile action during World War II.  

2.  The applicant signed his discharge document attesting to the fact that he is not entitled to the Purple Heart.  Therefore, the applicant is not entitled to correction of his discharge document to show 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

JH______  HOF____  RTD____  DENY APPLICATION

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

INDEX

CASE ID	AR2000046635	
SUFFIX		
RECON		
DATE BOARDED	20001214	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19460327	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Convenience of the Government RR-1 Demobilization 	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.