MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 December 2000                  
	DOCKET NUMBER:   AR2000046706

	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. Fred N. Eichorn 		Chairperson	
	Ms. Lana E. McGlynn 		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:  Award of the Purple Heart.

APPLICANT STATES:  In effect, that he should have received a Purple Heart for a shrapnel wound sustained above his right knee in January 1945 during the “Battle of the Bulge”.  He contends that he was treated by a medic and that he did not go to the hospital.  He also contends that the Germans destroyed his unit’s personnel record truck.  In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); a roster of officers and enlisted men in the 84th Infantry Division/335th Infantry Regiment which notes that there may be mistakes and inconsistencies in the roster of this regiment because during the dash from the Rhine River to the Elbe River the truck carrying the personnel records of this unit was completely destroyed through enemy action; an excerpt from an unknown source on the 84th Infantry Division which notes that mortar shells hit one truck with the personnel equipment and records of the 335th Infantry; a letter from a Member of Congress dated 21 June 2000; and a letter of explanation dated 20 June 2000.  

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 
11 March 1943.  He served as a radio operator in the European Theater of Operations from 10 October 1944 to 22 January 1946 and was honorably discharged on 8 February 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 during World War II.  Item 34 (Wounds Received in Action) of the applicant’s WD AGO Form 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 should have received a Purple Heart for a shrapnel wound sustained above his right knee in January 1945 during the “Battle of the Bulge”.  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

FNE____  LEM_____  HBO____  DENY APPLICATION

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

INDEX

CASE ID	AR2000046706	
SUFFIX		
RECON		
DATE BOARDED	20001212	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19460208	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Convenience of the Government	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.