MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           18 January 2001                 
	DOCKET NUMBER:   AR2000049705

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. John T. Meixell		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:  That he be awarded the Purple Heart.

APPLICANT STATES:  In effect, that he suffered frostbite and damaged nerves in his toes, feet, ankles, legs, hands and arms, a hole in the retina of his right eye and a loss of hearing in his right ear as a result of combat at Omaha Beach and the Battle of the Bulge during World War II.

In support of his request, he submits a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation, a copy of his WD AGO Form 100, Separation Qualification Record, statements of his experiences at Omaha Beach and during the Battle of the Bulge, a Department of Veterans Affairs (VA) compensation determination dated 8 September 2000, awarding him compensation for service connected cold injuries to the left and right upper and lower extremities and bilateral hearing loss.  The VA did not confirm that the hole in the retina of his right eye was service connected.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the 1973 fire at the national Personnel Records Center,  Information herein is derived from documentation submitted by the applicant.

He was inducted on 2 February 1943, awarded military occupational specialty of light truck driver, served in the European Theater of Operation from September 1943 to October 1945 and was honorably discharged at demobilization on 8 November 1945 in the grade of private first class.

His awards include the European-African-Middle Eastern Campaign Medal with 5 Bronze Service Stars, the Good Conduct Medal, the Meritorious Unit Commendation award, the World War II Victory Medal and the World War II Honorable Service Lapel Button.

His WD AGO Form 53-55 does not show the Purple Heart as an authorized award nor does block 34 (wounds received in action ) of the form show that he received any wounds in combat.

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 by a medical officer, 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 applicant has not submitted and the available records do not contain any information showing that he was wounded as a result of hostile action and is entitled to the Purple Heart.  

2.  The finding of service connection by the VA does not establish that his injuries sustained some 56 years earlier were a direct result of combat with the enemy, which is a necessary prerequisite for award of the Purple Heart.  Rather, the VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the veteran concerned.

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 satisfies 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

_jns  ____  ___jtm __  ___mhm _  DENY APPLICATION

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

INDEX

CASE ID	AR2000049705	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001 	
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.