MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           22 March 2001
	DOCKET NUMBER:   AR2000047591

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. powell		Chairperson	
	Mr. John P. Infante		Member	
	Mr. Regan K. Smith		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 he be awarded the Purple Heart.

APPLICANT STATES:  That his separation document does not show award of the Purple Heart.  In support of his application he submits DD Form 53-55 (Enlisted Record and Report Of Separation) and three witness statements.

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

The applicant’s military records were lost or destroyed in the fire that occurred at the National Personnel Records Center in 1973.  The information herein was gleaned from a copy of the applicant’s separation document. 

His separation document shows he entered the Army on 5 September 1944.  He served 1 year, 5 months, and 1 day and was awarded the European-African-Middle Eastern Campaign Medal with 2 bronze service stars, the Good Conduct Medal, the Army of Occupation Medal (Germany), and the Combat Infantryman Badge.  He was honorably released from active duty on 3 July 1946 in the rank sergeant.

Item 34 (Wounds) of the applicant’s separation document shows the entry “None”.

The three witness statements provided by the applicant indicates he was wounded in his left leg on 6 April 1945, and that he treated it himself using a field first aid kit.

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.  From a review of available personnel records, there is no evidence to show that the applicant suffered any wounds that would entitle him to the Purple Heart.

2.  The fact that his three witness statements were rendered many years after the injury allegedly occurred, and are not supported by any documented evidence in the official files, tends to diminish their evidentiary value.

3.  In the absence of medical records to show that he was treated for wounds sustained as the result of enemy action, which were serious enough to require the attention of medical personnel, the evidence submitted is insufficient to justify award of the Purple Heart.

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

___SLP      __JPI___  __RKS___  DENY APPLICATION

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

INDEX

CASE ID	AR2000047591	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010322	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.