MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 April 2001     
	DOCKET NUMBER:   AR2001053039

	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 N. Slone		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Barbara J. Ellis		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:  Two awards of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)).

APPLICANT STATES:  In effect, that he was separated from the service on 
29 November 1945 on a partial service record and affidavit.  He contends that his records were held in England and that he never saw his records.  He goes on to state that he is entitled to two awards of the Purple Heart.  In support of his application, he submits a letter of explanation and a copy of a WD AGO Form 
53-55 (Enlisted Record and Report of Separation) with an effective date of
29 November 1945 which contains no entries in item 32 (Battles and Campaigns) or item 34 (Wounds Received in Action).   

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

The applicant was inducted in the Army of the United States on 28 March 1941.  He served as a librarian in the European Theater of Operations from 13 October 1943 through 19 November 1945 and was honorably released on 29 November 1945.  He subsequently served in the Enlisted Reserve Corps, the Regular Army and the Air Force. 

The applicant’s service personnel records contain a WD AGO Form 53-55 (Enlisted Record and Report of Separation) with an effective date of 
29 November 1945.  This WD AGO Form 53-55 does not show the Purple Heart as an authorized award.  Item 32 (Battles and Campaigns) on this WD AGO Form 53-55, which was authenticated in the applicant’s own hand, shows the entry “NONE” and item 34 (Wounds Received in Action) also shows the entry “NONE”.  Item 55 (Remarks) contains the entry “SEPARATED FROM THE SERVICE ON A PARTIAL SERVICE RECORD AND AFFIDAVIT FROM THE SOLDIER”. 

There is no evidence in the applicant’s military records which show that he was awarded the Purple Heart or was wounded as a result of hostile action during World War II.

Section 8 (Wounds Received Through Enemy Action) on the applicant’s WD AGO Form 24A (Service Record) is blank.  Section 21 (Medals, Decorations, and Citations) of his Service Record does not show entitlement to the Purple Heart.   
  
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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.
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 noted the applicant’s contention that he is entitled to two awards of the Purple Heart.  However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was injured or treated for wounds as a result of hostile action during World War II.  

2.  Evidence of record shows the applicant signed his WD AGO Form 53-55 on 29 November 1945 attesting to the fact he was not entitled to any award of the Purple Heart.  

3.  The preponderance of evidence in this case shows he was not wounded or otherwise entitled to any award of the Purple Heart.  Therefore, the applicant is not entitled to correction of his military records to show the Purple Heart (First Oak Leaf Cluster).

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

JNS_____  CLG____  BJE____  DENY APPLICATION

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

INDEX

CASE ID	AR2001053039	
SUFFIX		
RECON		
DATE BOARDED	20010419	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19451129	
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.