MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           8 November 2001
	DOCKET NUMBER:   AR2001057958

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Karen Y. Fletcher		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 his military records be corrected to show he was awarded the Purple Heart.

APPLICANT STATES: In effect, that while serving in the Philippines, in 1944, a Japanese plane fired upon and struck the amphibious vehicle he was in causing the stick shift to go through his arm.  He believes this injury qualifies him for award of the Purple Heart.

In support of his request, he submits a copy of his WD AGO 53-55 (Enlisted Record and Report of Separation, Honorable Discharge).

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  Information herein is based upon documents furnished by the applicant and from information obtained from alternate sources.

His WD AGO 53-55 shows that he was inducted on 10 April 1943 and served in the Asiatic-Pacific Theater of Operations where he was assigned to the 813th Amphibian Truck Company.  He was honorably separated at demobilization on 16 December 1945, in the rank of technician fifth grade.  Block 34 (Wounds Receive in Action) contains the entry General Orders 118, dated 28 September 1945.  This block usually contains the authority for award of the Purple Heart, however in this case the general orders cited pertain to a service award for his unit, as noted below.

His awards include the Asiatic-Pacific Campaign Medal with two bronze service stars, the Philippine Liberation Medal with one bronze service star, the Good Conduct Medal, the Meritorious Unit Award, and the War World II Victory Medal.  The Purple Heart is not listed as an authorized award.

On 28 September 1945, General Orders 118 awarded the 813th Amphibian Truck Company the Meritorious Service Unit Plaque Award.

The military records contain an extract prepared from the hospital admission cards created by the Office of the Surgeon General, Department of the Army.  This report identifies the applicant by his service number; it reflects that in 1944 he was involved in a vehicle accident and was treated for a wound to his head and arm.  The injury is described as a non-battle injury.

The applicant submitted no sworn affidavits, eyewitness statements, certificates, orders, corroborating statements from commanders, leaders, or fellow comrades. 

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, and, it is concluded:

1.  The records of the Office of the Surgeon General reflect that the applicant was injured in World War II in a vehicle accident, but the injury is listed as a non-battle injury.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Neither is there any evidence that a unit or hospital commander may have awarded him the Purple Heart. 

2.  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.

3.  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

___fne___  ____kyf_  ____bje__  DENY APPLICATION

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

INDEX

CASE ID	AR2001057958	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011108	
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.		
3.		
4.		
5.		
6.