MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            7 August 2001
	DOCKET NUMBER:   AR2001056906

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Ms. Regan K. Smith		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:  That he be awarded the Purple Heart.

APPLICANT STATES:  That he received a shrapnel wound in the calf of his right leg in May 1944 in Burma, while serving with Merrill’s Marauders, K Company, Orange Combat Team, 5307 Composite Unit.  In support of his application he submits a copy of his report of separation (WD AGO Form 53-55) and statements/letters from two third party individuals.

EVIDENCE OF RECORD:  The applicant's military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri which destroyed millions of service records.  However, information obtained from reconstructed records and the documents submitted by the applicant show:

He was inducted on 17 June 1942 and upon completion of his training was transferred to the Southwest Pacific area of operations on 31 January 1943.  He participated in the India Burma, Central Burma and New Guinea campaigns.  

He departed the theater of operations on 29 October 1944 from a Prisoner of War Camp and was transferred to a hospital in Utah where he remained until he was honorably discharged in the rank of private first class on 14 October 1945.  He was awarded the Combat Infantryman Badge (CIB), the Good Conduct Ribbon, the Asiatic Pacific Theater Ribbon with three bronze service stars and the Distinguished Unit Badge.

He was subsequently awarded a disability pension of 10% by the Veterans Administration (VA), effective 15 October 1945 for malaria.

The applicant was commissioned as a United States Army Reserve (USAR) second lieutenant and entered active duty on 18 October 1950 as an infantry officer.  He served overseas for 1 year, 11 months and 24 days and was promoted to the rank of first lieutenant on 19 November 1951.

He continued to served until he resigned his commission and was honorably discharged on 17 January 1954.  He was awarded the CIB (2d award), the United Nations Service Medal and the Korean Service Medal. 

He was subsequently awarded the Bronze Star Medal, the American Campaign Medal and the World War II Victory Medal by the National Personnel Records Center.

The supporting documents submitted by the applicant contain a statement from a former member and friend, who was a member of the applicant’s unit, which states that the applicant was wounded in the leg in May 1944.  There are also letters from the combat surgeon that address the applicant’s illness and his contention that the applicant suffered from scrub typhus, cerebral malaria and amoebic dysentery.

A review of the available records fails to reveal any evidence to support the applicant’s contention that he was wounded nor does it show that he was treated by medical personnel at the time.

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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was 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.  Although the applicant has submitted a statement from a member of his unit indicating that he was wounded, the evidence of record fails to clearly show that the applicant was wounded as a result of enemy action or that his wounds were treated by medical personnel and made a matter of official record. 

3.  The Board also notes that although his records were destroyed in 1973, the VA decision made shortly after his discharge, when his records were available, make no mention of any wounds received during his war service.  Therefore, without more specific evidence to support his claim of being wounded, there is no basis to award him the Purple Heart.

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

__tbr____  ___mkp__  __rks___  DENY APPLICATION

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

INDEX

CASE ID	AR2001056906	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/07	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.		
3.		
4.		
5.		
6.