MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             19 April 2001
	DOCKET NUMBER:     AR2001051542

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr.John N. Slone		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Curtis L. Greenway		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 his military records be corrected to show that he was awarded the Purple Heart.

APPLICANT STATES: That his award of the Purple Heart was never registered nor reflected on his discharge.

In support of his request, he has provided a statement from an individual who states he witnessed a medic treat the applicant for a slight wound on his right hand on the field of battle on the 26th of March 1945 near Beaul, Germany.

EVIDENCE OF RECORD: The applicant's military records are not available.  The information herein was provided by the applicant or obtained from alternate sources:

He was inducted on 27 March 1943 and trained in military occupational skill 745, infantry.  He served in the European Theater of Operations from February 1945 to April 1946 and was honorably separated on 16 April 1946 in the grade of private first class.

His awards include the Combat Infantryman Badge (CIB), the Good Conduct Medal, the Marksman Badge with Rifle Bar, the European-African-Middle Eastern Campaign Medal, the Good Conduct Medal, the World War II Victory Medal, and the American Campaign Medal.

Several DA Form 1577 (Authorization For Issuance Of Awards) indicate his awards also include: the Bronze Star Medal, which was based on his award of the CIB, the addition of Two Bronze Service Stars to his European-African-Middle Eastern Campaign Medal, and the Army of Occupation Medal (Germany) which have not been reflected on his separation document.

His Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) does not reflect the Purple Heart as an authorized award in item 33 (Decorations and Citations), nor does item 34 (Wounds Received in Action), contain an entry reflecting that he was wounded.

Since 1976 the National Personnel Record Center and the US Army Military Personnel Command (PERSCOM), Military Awards Branch have made several searches of records and databases to find evidence to verify the applicant’s 

claim.  No evidence has been found.  PERSCOM informed the applicant that they carefully reviewed his medical records from the Veterans Administration and could find no evidence that he was either wounded as a result of hostile action or treated for an injury.

AR 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.  Over the last twenty-five years several searches of sources within Department of the Army have been made to find evidence to verify the applicant’s qualification for the Purple Heart.  The applicant states that he received a slight wound that was treated by a medic.  Neither the applicant nor his eyewitness states the injury was the result of hostile forces.  These facts lead the Board to conclude that the wound may have been so slight that it did not require treatment from a medical officer or that the treatment be made a matter of official record, or that the injury was not the result of action with hostile forces.  Therefore, the injury did not meet the regulatory requirement for 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.  A review of the applicant’s records reveals several awards that are not reflected on his separation document.  A request will be made to the Army Review Boards Agency Support Division to provide the applicant with a correction to his separation document to reflect these awards.

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.

NOTE:  The Army Review Boards Agency Support Division, St. Louis will be requested to provide the applicant with a correction to his separation document to reflect the following awards: the Bronze Star Medal, the European-African-Middle Eastern Campaign Medal with Two Bronze Service Stars and the Army of Occupation Medal (Germany).

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___jns ___  __bje _ _  ____clg  _  DENY APPLICATION

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

INDEX

CASE ID	AR200151542	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010419	
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.