MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            23 October 2001
	DOCKET NUMBER:   AR2001057275

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		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:  While Serving as mortar section leader in E Company of the 346th Infantry Regiment, 87th Infantry Division, he was wounded by shrapnel from German artillery.  He states that the injury occurred following his time in the Battle of the Bulge when the infantry was advancing against the Siegfried Line of the pill boxes in the Ardennes Forest in March of 1945.  He states that the artillery shell exploded in a tree above him and a fragment of the shell hit his inner leg above the knee.  He goes on to state that he pulled the fragment out as it had not penetrated deeply and about one day later his leg began to swell up with infection caused by the wound.  He states that he was hospitalized for 3 days and treated with penicillin.  He concludes by stating that medics advised him of his eligibility for award of the Purple Heart and he was told that the request would be prepared.

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 alternate sources.

He enlisted in the Army on 30 June 1943 and he successfully completed his training as a supply noncommissioned officer.  

His awards include the Bronze Star Medal, the Good Conduct Medal, the American Campaign Medal, European-African-Middle Eastern Campaign Medal, the World War II Victory Medal, the Army of Occupation Medal w/German Clasp, the Combat Infantryman Badge and the Honorable Service Lapel Button WWII.

On 26 March 1946, he was honorably discharged for the Convenience of the Government.  Item number 34 on the Report of Separation (WD AGO Form 
53-55) that he was furnished at the time of his discharge shows no wounds were received in action.

A review of the available information fails to show that he was wounded/injured in action as a result of hostile action by enemy forces.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound/injury was the result of hostile action, the wound/injury 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 Board has noted the applicant’s contentions.  However, there is no evidence in the available record nor has the applicant submitted any evidence to show that he was wounded as a result of hostile action by enemy force.

3.  It is clearly indicated on his WD AGO Form 53-55 that he was not wounded in action and in the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

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

___alr___  __teo ___  ___slp___  DENY APPLICATION

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

INDEX

CASE ID	AR2001057275	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/10/23	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015	
3.		
4.		
5.		
6.