MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            27 February 2001
	DOCKET NUMBER:   AR2000048939

	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. Joseph A. Adriance		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:  In effect, that he be awarded the Purple Heart (PH). 

APPLICANT STATES:  In effect, that while serving with the 99th Division he was wounded in action beside the Ramagen Bridge.  He claims to have suffered a head injury during the bombing in 1945 and was hospitalized after the incident.  He indicates his belief that he should be entitled to the PH.  

EVIDENCE OF RECORD:  The applicant’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost in that fire.  

The available records do include a War Department (WD) Adjutant General Office (AGO) Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), which was issued to the applicant on the date of his separation.  This document verifies that he was inducted into the Army of the United Sates on 
15 November 1943 and entered active duty on 15 November 1943.  He served on active duty until being honorably discharged on 11 December 1945.  

The separation document also shows that he served in the European Theater of Operations (ETO) from 14 May 1944 to 28 November 1945.  Block 34 (Wounds Received in Action) contains a “None” entry, which would indicate he was not wounded in action during the period of service covered by the document.

The WD AGO Form 53-55 also confirms that during his service he participated in the Rhineland, Ardennes, and Normandy campaigns of World War II and that he was awarded the Distinguished Unit Badge, Good Conduct Medal, European-African-Middle Eastern Campaign Medal, and WW II Victory Medal.  The separation document lists no other awards or decorations and specifically does not list the PH as an earned award. 

Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member of an Armed Force who, while serving in any capacity with one of the Armed Services after 5 April 1917, has been wounded or killed in action.  

Paragraph 2-8b (2) defines a wound as an injury to any part of the body from an outside force or agent while engaged in action against the enemy.  It also specifically states that in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and 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 the contention of the applicant, after carefully examining the available evidence of record and independent evidence submitted by the applicant, the Board finds an insufficient evidentiary basis on which to support awarding the PH.  

2.  While the Board wishes to commend the applicant on his exemplary service during World War II, it is compelled to deny the requested relief.  The available evidence contains no information to support his claim of entitlement to the PH and there is no information that verifies that he was ever wounded or injured in action.

3.  By regulation, in order to award a PH, it is necessary to establish that a member was wounded in action, the wound required treatment by a medical officer and this treatment was made a matter of official record.  In the opinion of the Board, there is no available evidence in this case that would satisfy these regulatory requirements for awarding the PH.  Thus, the Board concludes there is no evidentiary basis on which to grant the requested relief. 

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

___js ___  ___ra ___  ___mm__  DENY APPLICATION

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

INDEX

CASE ID	AR2000048939	
SUFFIX		
RECON		
DATE BOARDED	2001/02/27	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1945/12/11	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	Demobilization	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015	
2.		
3.		
4.		
5.		
6.