MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            5 April 2001      
	DOCKET NUMBER:   AR2000050106

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Harry B. Oberg		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:  Correction of his discharge document to show award of the Purple Heart.  

APPLICANT STATES:  That he was in Italy in 1944 and was hit by shrapnel in several places on his body.  He contends that he was shipped out and discharged before the paperwork was completed for submission of the Purple Heart.  In support of his application, he submits a copy of his WD AGO Form
53 (Report of Separation) and page 4 of a VA Rating Decision dated 2 June 2000. 

EVIDENCE OF RECORD:  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 10 November 1942.  He served as a military policeman in the European Theater of Operations from 2 August 1943 to 
25 February 1944.  

Medical evidence, dated 11 November 1944, shows the applicant was diagnosed with Pes Valgo Planus (foot disorder), bilateral, severe; and Genu Recuratum, (abnormal hyperextensibility of the knee), right.  These limitations were considered permanent and the applicant was determined to be unfit for oversea assignment, military police duty, prolonged marching and standing, calisthenics, and drill.  The Medical Disposition Board at San Francisco Port of Embarkation at Fort Mason, California, recommended discharge under the provisions of Army Regulation 615-360.  

The applicant was honorably discharged under the provisions of Army Regulation 615-360 for the Convenience of the Government on 26 November 1944.  

The applicant’s WD AGO Form 53 does not show the Purple Heart as an authorized award. 

There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.  Item 35 (Wounds Received in Action) of the applicant’s WD AGO Form 53 states “None”. 

The applicant provided page 4 of a VA Rating Decision, dated 2 June 2000, which shows only VA jurisdiction from previous claims dated February 1991, April 1997 and May 1998.  The previous ratings indicate that the applicant was rated 20 percent for right (dominant) upper extremity shrapnel wound; rated 10 percent for right (dominant) distal radius shrapnel wound; and rated 0 percent for two scars (shrapnel wounds of left temple and left lower extremity).  There is no information regarding how the VA arrived at these ratings.  
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, 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 the VA documentation submitted by the applicant, there is no evidence available to the Board which shows that he was wounded or treated for wounds due to hostile action during World War II.  The applicant’s discharge document shows that he was not wounded in action and the Medical Disposition Board does not mention any wounds or disabilities incurred as a result of hostile action.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart.

2.  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.
  
3.  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

JH_____  CLA_____  HBO_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000050106	
SUFFIX		
RECON		
DATE BOARDED	20010405	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19441126	
DISCHARGE AUTHORITY	AR 615-360  	
DISCHARGE REASON	Convenience of the Government	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.