MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 April 2001                   
	DOCKET NUMBER:   AR2001052167

	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. John H. Kern 		Chairperson	
	Mr. Melvin H. Meyer 		Member	
	Ms. Margaret V. Thompson 		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 and correction to item 34 (Wounds Received in Action) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show that he was wounded in combat.  

APPLICANT STATES:  In effect, that he was wounded in combat between 
14 January 1945 and 6 March 1945 in Germany during World War II.  In support of his application, he submits a copy of his WD AGO Form 53-55 and a  Recommendation for Award of the Bronze Star Medal, dated 8 October 1945. 

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 25 May 1943.  He served as a reconnaissance crewman in the European Theater of Operations from 28 July 1944 through 
9 January 1946 and was honorably discharged on 11 February 1946.

The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-55 states “NONE”.

There is no evidence in the available records which show the applicant was awarded the Purple Heart or was wounded as a result of hostile action.  

The applicant provided a Recommendation for Award of the Bronze Star Medal, dated 8 October 1945, in support of his claim for the Purple Heart.  In summary, the award recommendation states “[the applicant] performing his duty as Telephone Operator and Wireman with an Observation Party, by remaining at his post with the forward elements of friendly troops under constant enemy fire, at times subjugated to grazing machine gun and mortar fire, once being knocked to the ground by concussion and restricting his movements for periods as long as two hours, continued to relay information from the observer to fire direction center”.  However, there is no evidence that the applicant sustained a wound or injury after being knocked to the ground by concussion. 
 
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 award recommendation provided by the applicant which states that he was knocked to the ground by concussion as a result of hostile action.  However, there is no evidence the applicant sustained a wound or injury during this incident.

2.  The Board also considered the applicant’s contention that he was wounded in combat between 14 January 1945 and 6 March 1945 in Germany during World War II.  However, there is no evidence of record available to the Board which shows the applicant was injured or treated for wounds sustained as a result of hostile action during World War II.    

3.  The applicant signed his discharge document on 11 February 1946 attesting to the fact he was not wounded in action and was not entitled to award of the Purple Heart.  Therefore, he is not entitled to correction of his WD AGO Form 
53-55 to show award of the Purple Heart or correction of item 34.

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

JHK_____  MHM___  MVT_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001052167	
SUFFIX		
RECON		
DATE BOARDED	20010417	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19460211	
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.