MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            27 March 2001
	DOCKET NUMBER:   AR2000050783

	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. Roger W. Able		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Gail J. Wire		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) and that he be promoted to the rank of corporal (CPL). 

APPLICANT STATES:  In effect, that while serving in Germany during World War II he received shrapnel wounds to his left hand, left shoulder, knee, and lower leg, for which he was recommended for the PH.  He also indicates that he was recommended for promotion to CPL by his unit commander.  The applicant addresses a correction to his World War II unit and his entitlement to medals, which were already addressed in a Department of the Army (DA) Form 1577 (authorization for issuance of awards) and a corrected separation document 
(DD Form 215) issued in 1979.  

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 States on 
5 October 1942, entered active duty on 19 October 1942, and served on active duty until being honorably discharged, in the rank of private first class (PFC), on 11 October 1945.

The separation document also shows that he served in the Balboa Canal Zone from 2 January 1943 until 7 June 1943, the European Theater of Operations (ETO) from 13 July 1944 to 11 August 1945, and confirms that he participated in the Northern France, Rhineland, Ardennes and Central Europe campaigns of World War II.  It also shows that he earned the Combat Infantryman Badge (CIB), Good Conduct Medal, European-African-Middle Eastern Campaign Medal with 
4 bronze service stars, American Theater Service Ribbon, American Campaign Medal, and WW II Victory Medal during his tenure on active duty.  

However, block 34 (Wounds Received in Action) of the WD AGO Form 53-55 contains a “None” entry, which would indicate he was not wounded in action during the period of service covered by the form.  The applicant authenticated this separation document with his signature in block 56 on the date of his separation, 11 October 1945, thereby verifying the information contained therein.

In 1979 the applicant requested a change to the organization listed in his separation document and a review and issuance of all awards and decorations to which he was entitled.  The evidence of record contains a DA 1577 and 
DD Form 215 that were issued in response to this request.  The documents confirm the applicant was issued a Bronze Star Medal for his service in World War II based on his having been awarded the CIB and that the organization listed in block 6 (Organization) of his WD AGO Form 53-55 was changed to read Company F, 119th Infantry.  

The evidence of record also includes a Medical Personnel Record (MPR) finding report pertaining to the applicant, which was provided by the National Archives and Records Administration (NARA).  This report developed from information in hospital admission cards created by the Office of The Surgeon General (OTSG) and shows, in the applicant’s case, that during his tenure on active duty he was treated for non battle related illnesses three times, in January, August and October 1944.  In addition, these medical treatment record extracts give no indication that the applicant was ever treated for any wounds or injuries received in action.  

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 that he is entitled to the PH and to a promotion to CPL, after carefully examining the available evidence, the Board finds an insufficient evidentiary basis on which to support the requested relief.

2.  The evidence of record and the independent evidence provided by the applicant does not provide a basis for granting the applicant’s request that he be promoted to the rank of CPL.  In fact, the applicant confirmed that he held the rank of PFC, as recorded in his WD AGO Form 53-55, by signing this document on the date of his separation, thereby verifying the information contained therein. 

3.  In addition, by regulation, in order to support awarding a 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.  

4.  While the Board wishes to congratulate the applicant on his exemplary record of service during World War II, based on the NARA MPR and block 34 of the 
WD AGO Form 53-55, which was authenticated by the applicant, the Board finds the regulatory burden of proof has not been met in this case and therefore is compelled to deny the requested relief. 

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

___alr___  ___gw___  __ra ____  DENY APPLICATION

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

INDEX

CASE ID	AR2000050783	
SUFFIX		
RECON		
DATE BOARDED	2001/03/27	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1945/10/11	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	Demobilization	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015	
2.		
3.		
4.		
5.		
6.