MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           23 August 2001                   
	DOCKET NUMBER:   AR2001055831

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Thomas Lanyi		Member	
	Ms. Paula Mokulis		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 (PH) Medal.

APPLICANT STATES:  In effect, that he received a bullet wound to his left foot.  His medical record was lost and he was discharged without receiving his PH award.  The applicants submits a copy of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55), a copy of his Separation Qualification Record (WD AGO Form 100) and a copy of Veterans
Administration Award of Disability Compensation-Service Connected notice dated 14 August 1947 in support of his application.

EVIDENCE OF RECORD:  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from the documents furnished by the applicant and from an
alternate source.

The applicant was inducted into the Army on 12 August 1943.  His WD AGO 53-55, shows that he served in the European-African-Middle-Eastern Theater from
3 March 1944 to 24 January 1946.

The Office of the Surgeon General Hospital Admission Card data file shows that the applicant was admitted/treated in September 1944, for a fractured foot (second metatarsal bone).  However, the injury was characterized as (Non-Battle).

On 8 February 1946, the applicant was honorably discharged.  He completed 
1 year, 11 months and 10 days of creditable active service.

His WD AGO 53-55, does not show an entry in item 34 (Wounds Received in Action) nor does it show the PH as an authorized award in item 33 (Decorations and Citations).

The Veterans Administration Award of Disability Compensation notification dated
14 August 1947, awarded the applicant a service connected disability resulting from a gunshot wound to his left foot.  However, the notification does not indicate
how the injury occurred.

Army Regulation 600-8-22 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 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.  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.

2.  The evidence available to the Board shows that treatment for an injury was rendered to the applicant in September 1944; however, the evidence shows that the applicant’s hospitalization/treatment was for an injury that was characterized as non-battle.

3.  It is noted that the VA has recognized that the applicant had a service-connected injury, however to be awarded the Purple Heart the injury must be documented and resulted from hostile action.  Therefore, the Board is reluctant to authorize such award without official substantiating evidence.  If the applicant can provide substantiating evidence to show his injury was a result of hostile action, he may reapply.

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

__jhk___  __tl____  __pm____  DENY APPLICATION

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

INDEX

CASE ID	AR2001055831	
SUFFIX		
RECON		
DATE BOARDED	20010823	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.