MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            27 March 2001                   
	DOCKET NUMBER:   AR2000051646

	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:

	Mr. Roger W. Able 		Chairperson	
	Mr. Allen L. Raub 		Member	
	Mr. 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:  Award of the Purple Heart.

APPLICANT STATES:  That he is entitled to the Purple Heart for injuries sustained in Luxembourg, Germany, during the “Battle of the Bulge”.  He contends that he sustained an injury to his left knee (shrapnel) and his back due to a shell explosion.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant completed over 24 years of active duty on 31 August 1969 when he retired in the rank of first sergeant.  

Records show that the applicant was inducted in the Army of the United States on 8 March 1943.  He served as a duty soldier in the European Theater of Operations from 30 July 1943 through 14 July 1945.  He served in the Asiatic Pacific Theater from 14 September 1945 through 1 December 1945 and was honorably discharged on 29 December 1945. 

The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) for the period 8 March 1943 through 29 December 1945, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.  Item 34 (Wounds Received in Action) on the applicant’s WD AGO Form 53-55 states “NONE”.  

The applicant’s WD AGO Form 24 (Service Record) does not show entitlement to the Purple Heart in the section for Medals, Decorations and Citations.

Item 11 (List All Significant Diseases, Wounds, and Injuries) on the applicant’s WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from active Duty or Retirement), dated 28 December 1945, shows the entry “Back injury, June, 1944, England, 30 days in quarters”.  There is no evidence that this injury was the result of hostile action.

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.  The Board considered the applicant’s contention that he is entitled to the Purple Heart for injuries sustained to his knee and back during the “Battle of the Bulge”.  However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds due to hostile action during World War II.

2.  The applicant signed his discharge document attesting to the fact that he was not wounded as a result of hostile action and was not entitled to award of the Purple Heart.

3.  The preponderance of evidence in this case shows the applicant was not wounded or otherwise entitled to award of the Purple Heart.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart. 

4.  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.

5.  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

RWA____  ALR____  GJW_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000051646	
SUFFIX		
RECON		
DATE BOARDED	20010327	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19451229	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Convenience of the Government	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.