MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            15 March 2001                  
	DOCKET NUMBER:   AR2001051592

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Thomas E. O’Shaughnessy		Member	
	Mr. Richard T. Dunbar		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, award of the Purple Heart.

APPLICANT STATES:  In effect, that he was awarded the Purple Heart prior to his 1946 discharge.  In support of his request he submits a self-authored “summary records” which indicated he was treated for a shrapnel wound between 14 May and 18 June 1945 and a self authored “statement Service Connection Claim Compensation” in which he states he was awarded the Purple Heart with “50 or more of us held in a ceremony at Camp Spencer” before he was discharged.  He also submits a January 1953 document prepared by the Armed Forces of the Philippines containing an “extract of the Form 23” which lists a chronology of his service and a “chronological Record of Wounds and Illness Incurred from 8 Dec 41 to Date of Return to Mil Control” which indicates he was assigned to the “121st Unit” in “Cervantes” from “14 May 45-18 Jun” and was treated by a “Lt. Ligot” for “Shrapnel W.”

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

He “joined guerrillas” on 3 December 1942 and “enlisted or [was] inducted in the 121st Infantry, United States Army” on 16 October 1944.  The “remarks-administrative” section of his military file, which was intended to “show wounds, battles, engagement, etc.” does not reflect any wounds and following the entry “battle engagement:” is the word “None.”

On 14 February 1946 the applicant was honorably discharged for the convenience of the government. 

On 1 March 1946 the applicant enlisted as a Philippine Scout for a period of three years.  He was honorably discharged on 4 February 1949.  His separation physical examination makes no mention of any wounds sustained as a result of hostile action or any scars associated with shrapnel wounds.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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’s contention that he was awarded the Purple Heart for a shrapnel wound sustained between 14 May and 18 June 1945 is not supported by any medical evidence and the source of the “shrapnel wound” reflected on the 1953 document from the Armed Forces of the Philippines is insufficient evidence to confirm the applicant was wounded as a result of hostile action, nor is it supported in any other documents available to the Board, including an extract from the applicant’s military personnel file.

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 that 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

__emw___  ___teo__  ___rtd__  DENY APPLICATION

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

INDEX

CASE ID	AR2001051592	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010315	
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.