MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 April 2001     
	DOCKET NUMBER:   AR2001052769

	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. Richard T. Dunbar		Member	
	Mr. Donald P. Hupman		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:  Correction of his discharge document to show award of the Purple Heart.

APPLICANT STATES:  In effect, that while stringing telephone wire in March 1945, a German 88 shell exploded near the telephone pole he was working on and knocked him off the pole.  He contends that he fell 30 feet to the ground, was knocked unconscious and sustained shrapnel wounds all over his body.  He also contends that he was taken to the aid station, that his injuries were treated and he was released.  He claims that he was asked if he wanted a Purple Heart but he refused the medal because there were other soldiers that deserved it more.  In support of his application, he submits a WD AGO Form 53-55 (Enlisted Record and Report of Separation); five letters from current medical providers; a letter of explanation, dated 30 June 2000; a statement from the Assistant S-2 of the 
280th Engineer Combat Battalion at the time in question, dated 30 August 2000; an eyewitness statement, dated 30 August 2000, from a fellow soldier; a statement, dated 5 July 2000, from a fellow soldier assigned to the medical detachment of the 280th Engineer Combat Battalion at the time in question; a statement from the Battalion Surgeon of the 280th Engineer Combat Battalion at the time in question, dated 7 July 2000; and documentation awarding disability pension dated 12 March 1946.     

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 28 December 1942.  He served as a radio operator in the European Theater of Operations from 2 November 1944 through 2 December 1945 and was honorably discharged on 13 December 1945.

The applicant’s WD AGO Form 53-55, 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 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 during World War II.  

The applicant provided a statement, dated 7 July 2000, from the Battalion Surgeon of the 280th Engineer Combat Battalion at the time in question.  The Battalion Surgeon states that the applicant sustained multiple fragmentation wounds to his body when an 88 shell exploded and knocked him from a telephone pole to the ground and rendered him unconscious.  The Battalion Surgeon states that he treated the applicant’s wounds, that the applicant was asked if he wished to be awarded a Purple Heart but declined and that the applicant was returned to duty.  

The applicant also provided three eyewitness statements from fellow soldiers in support of his claim.     

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.  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.    

2.  The applicant signed his discharge document on 13 December 1945 attesting to the fact he was not wounded in action and was not entitled to award of the Purple Heart.

3.  The Board noted the four eyewitness statements provided with his application. However, these statements, made over 55 years after the fact, are not sufficient by themselves as a basis for award of the Purple Heart in view of evidence of record which shows the applicant was not wounded.  Therefore, the applicant is not entitled to correction of his discharge document 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___  RTD_____  DPH_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001052769	
SUFFIX		
RECON		
DATE BOARDED	20010412	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19451213	
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.