MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  12 December 2000
	DOCKET NUMBER:  AR2000046777

	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	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Harry B. Oberg		Member	
	Ms. Lana E. McGlynn		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: That his records be corrected to show entitlement to award of the Purple Heart (PH).

APPLICANT STATES: That, during that time, the men in his foxhole told him that blood was pouring down his face onto his uniform.  They told him that one of the men in another foxhole threw a cleaning rod over into his foxhole and hit him in the face.  It hit him in the upper lip area and down into his mouth and he is now disfigured for life.  He provided copies of his statement, unit historical records and Veterans Administration (VA) documents in support of his claim.

COUNSEL CONTENDS: That the applicant served in WWII as a combat infantryman and was awarded the Combat Infantryman Badge (CIB).  Although the applicant’s service medical records have been, for the most part, destroyed by fire, the available records do indicate that he received abrasions of the left side and the wounds were treated at 3rd Bn Med. Sta., 127th Inf. 

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

On 16 June 1942, he enlisted in the Army.

During the period 26 December 1942 to 18 March 1943, he served in the Atlantic Theater of Operations.

During the period 15 April 1943 to 30 October 1945, he served in the Western Pacific Theater of Operations.

On 7 November 1945, he was honorably discharged, in the rank of staff sergeant, under Army Regulation 615-365, based on demobilization and the convenience of the Government.  His separation document indicates he had       3 years, 4 months and 22 days of creditable service.  He was entitled to award of the Bronze Star Medal (based on award of the CIB), the Good Conduct Medal, the CIB, the American Defense Service Medal, the Asiatic Pacific Service Medal, the Philippine Liberation Ribbon with 2 bronze service stars, the Presidential Unit Emblem, the Meritorious Unit Emblem and the World War II Victory Medal.

On 26 February 1946, the Adjutant General, in response to his request of            3 January 1945, advised that there was no record of his having been wounded in action and that no action could be taken.  At that time, the applicant based his claim for the PH on “abrasions of left side during enemy action”. 

On 28 November 1950, a VA Rating Sheet indicated he was awarded a zero percent disability rating for hemorrhoids and laceration of the lip, malaria, and arthritis - neuritis of the right knee.  This rating sheet further indicated these items were not combat related.

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, it is concluded:

1.  Notwithstanding counsel’s comments, there is no evidence of record available to the Board which shows that the applicant was wounded or treated for wounds due to hostile action; therefore, he is not entitled to award of the Purple Heart.

2.  The first indication of a lacerated lip was in a 1950 VA Rating Decision in which 0 percent was awarded, not combat related.

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

__fe___  ____ho____  __lm____ DENY APPLICATION

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

INDEX

CASE ID	AR2000046777	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001212	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.107	PH	
2.		
3.		
4.		
5.		
6.