MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           26 JULY 2001                   
	DOCKET NUMBER:   AR2001055403

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor 		Chairperson	
	Mr. Hubert O. Fry 		Member	
	Mr. Eric N. Andersen		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:  Award of the Purple Heart.

APPLICANT STATES:  Supporting documents will show that he was awarded the Purple Heart as a result of an injury received on 16 November 1944 in France. 

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was provided by the applicant.

The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) shows that he entered on active duty on                           11 September 1943, served in the European Theater of Operations during World War II, and returned to the United States in March of 1946.  He had 1 year,         6 months, and 28 days of foreign service, served in three campaigns, and was awarded the European-African-Middle Eastern Campaign Medal, the Good Conduct Medal, the World War II Victory Medal, and the Combat Infantryman Badge.  That form does not show award of the Purple Heart.  The space provided on that form for wounds received in action shows the typed word,  “NONE.”  The applicant was discharged at Fort Bliss, Texas on 14 March 1946.

A 6 December 1944 Western Union telegram from the War Department to the applicant’s mother states:  “I REGRET XX INFORM YOU YOUR SON PRIVATE [THE APPLICANT] WAS SLIGHTLY XXXXXXXX  INJURED IN ACTION SIXTEEN NOVEMBER IN FRANCE YOU WILL BE ADVISED AS REPORTS OF CONDITION ARE RECEIVED.”  The crossed out word prior to the word, INJURED, appears to be WOUNDED.

On 13 December 1944 the War Department advised the applicant’s mother that the applicant was making normal improvement.

The applicant submits a list of people that purports to be individuals that were assigned to the 377th Infantry Regiment of the 95th Infantry Division, with notations after their name and rank, such as ETO (2) CI, PH; and ETO (2) AD, CI.  The notation after the applicant’s name and rank shows ETO (1) PH.

The applicant submits a copy of a 1 October 1945 paper signed by the regimental commander commenting on the regimental history that had been prepared, and expressing his appreciation to soldiers of the regiment.

Army Regulation 600-8-22 provides 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 evidence is somewhat inconclusive concerning whether or not the applicant was wounded in action.  The information concerning the applicant on the list of names provided by him would appear to indicate award of the PH (Purple Heart); however, his discharge document clearly indicates that he did not receive any wounds in action.  The 1944 telegram to the applicant’s mother shows that he was slightly injured [not wounded] in action.  There is no information or evidence about the nature, circumstances, or location (part of the body) of this injury and the applicant has not submitted any.  Consequently, and in spite of the applicant’s contention, there is no concrete evidence to show entitlement to award of the Purple Heart.     

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

3.  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.

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__RVO__  __HOF__  __ENA __  DENY APPLICATION

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

INDEX

CASE ID	AR2001055403	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010726	
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.	61	
3.		
4.		
5.		
6.