MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  6 September 2001
	DOCKET NUMBER:  AR2001057761

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Melvin H. Meyer		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, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show that he was awarded the
Purple Heart.

APPLICANT STATES:  That he should be awarded the Purple Heart.  He also states that on or about 25 February 1945, he and three other men were riding in a truck, loaded with a howitzer, on their way to Manila, hit a landmine, were blown of the road, and injured his left leg and ankle when the howitzer landed on it.  In support of his application he submits a copy of his WD AGO Form 53-55 and two eyewitness statements.

EVIDENCE OF RECORD:  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was 
inducted on 9 February 1943.  He served in the Asiatic Pacific Theater of Operations from 31 May 1944 to 2 May 1945 and was honorably discharged on 27 November 1945.

The applicant’s WD AGO Form 53-55 does not show the Purple Heart as an authorized award. 

Item 34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-55, which was authenticated in his own hand, shows the entry “None”.  There is no record that the applicant was awarded the Purple Heart.  There also is no indication that he was wounded as a result of hostile action.

The applicant provided an eyewitness statement, which is undated, from a fellow soldier at the time in question.  The soldier attests that he was a witness to the accident in which the applicant was injured.  The soldier attests that during the month of May or April 1944, he had a gun crew advancing toward Manila where the driver lost control of the truck, and injured the applicant.

The applicant also provided an eyewitness statement, dated 18 April 2001, from a fellow soldier at the time in question.  This statement attests that he was a witness as well, as he was one of the injured in the truck, which was traveling to Luzon, as they were moving up on Clark Field.  He also attests that they were loaded with a howitzer and ammunition, and there was speculation that they ran over a landmine, which was the cause of the accident.  

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, 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 Board notes the applicant’s contentions he was injured on or about 25 February 1945, on his way to Manila, and injured his left leg and ankle
during World War II.  However, there is no evidence available to the Board, and
the applicant has provided no evidence, to show that his injuries were the result of hostile action.  

2.  The Board considered the two eyewitness statements provided in support of the applicant’s claim for the Purple Heart.  However, these statements are not sufficient by themselves as a basis for award of the Purple Heart in view of the evidence of record which does not show the applicant was wounded.  Therefore, there is insufficient evidence to support the award of the Purple Heart to the applicant.

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 this 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

__ls___  ___jm____  __mm__  DENY APPLICATION

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

INDEX

CASE ID	AR2001057761	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010906	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451127	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.