MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  27 February 2001
	DOCKET NUMBER:  AR2000047934

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Melvin H. Meyer		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 his WD AGO Form 53-55 (Enlisted 
Record and Report of Separation) does not show his award of the Purple 
Heart.  In support of his application he submits a copy of his WD AGO 
Form 53-55.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he 
was inducted on 11 March 1941 as a combat engineer.  He served in 
the European-African-Middle Eastern Theater from 2 March 1945 to 
19 June 1945 and was honorably discharged on 29 October 1945.

The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) does not show the Purple Heart as an authorized award.  

Item 34 (Wounds Received in Action) of the applicant’s WD AGO Form 
53-55, which was authenticated in his own hand, shows the entry “None”.
There is no record that the applicant was awarded the Purple Heart.  There 
also is no indication that he was wounded as a result of hostile action.

The applicant’s available records contain a certificate prepared by the platoon leader of the 322nd Engineer Combat Battalion, 97th Infantry Division, dated
21 August 1945.  The platoon leader indicated that the applicant was injured 
in the line of duty as a result of enemy action on 15 April 1945, near Dusseldorf, Germany.  He also stated that the applicant was wounded in the left hand and was treated by a medical officer at the time of injury.

The applicant’s available records also contain a certificate prepared by the battalion surgeon of the Medical Detachment, 322nd Engineer Combat Battalion, 97th Infantry Division, dated 21 August 1945.  The battalion surgeon indicated that the applicant was seen and treated for a gunshot wound to his hypo-thenar (the ridge on the palm along the bases of the fingers and the ulnar margin) 
region on his left hand on 16 April 1945, which occurred in Benrath, Germany.  However, the surgeon failed to indicate that the applicant was a combat casualty.

The applicant’s records contain a copy of a WD AGO Form 1 (Morning Report) which was prepared by Company A, 322 Engineer Combat Battalion, 97th Infantry Division.  The morning report shows that the applicant received a non-battle injury (NBI) of a gunshot wound in his hand and was evacuated to the 
39th Evacuation Hospital.

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.  There is no evidence of record available to the Board, and the applicant 
has provided no evidence, which shows he was injured or wounded due to hostile action during World War II.  Therefore, he is not entitled to award of
the Purple Heart.

2.  The Board notes the evidence in the available records show that the
platoon leader indicated that the applicant was injured in the line of duty as 
a result of enemy action on 15 April 1945, near Dusseldorf, Germany.  The platoon leader also indicated that the applicant was wounded in his left hand 
and was treated by a medical officer at the time of injury.  

3.  The Board also notes the evidence in the available records show that the applicant was seen and treated for a gunshot wound to his hypo-thenar region 
on his left hand on 16 April 1945 in Benrath, Germany, by the battalion 
surgeon.  The battalion surgeon also failed to indicate that this injury was a combat casualty.  

4.  The Board further notes that the morning report which was prepared by 
the applicant’s unit shows that he received a non-battle injury of a gunshot wound to his hand and was evacuated to the 39th Evacuation Hospital.  
Based on the foregoing, the applicant is not entitled to award of the Purple 
Heart for his gunshot wound to his hand. 

5.  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.

6.  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

__js____  ___ra___  ___mm___  DENY APPLICATION

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

INDEX

CASE ID	AR2000047934	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010227	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451029	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.