MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           8 January 2002                
	DOCKET NUMBER:   AR2001059546

	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. Edmund P. Mercanti		                         Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Terry L. Placek		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 (PH).

APPLICANT STATES:  He was injured in line of duty.

In support of his application he submits a copy of a mutilated document, which shows that an unidentified individual was treated for a shrapnel wound to the left leg in November 1944, in Burma.  Also submitted is a WD AGO Form 0286 which shows that on 19 February 1946, he was treated for minor wounds of the scalp and head incurred during riots in Calcutta.

EVIDENCE OF RECORD:  The applicant's military records show:

He was inducted and entered active duty on 27 February 1943.  He was awarded the military occupational specialty of supply clerk and served in the India - Burma campaign from 23 April 1944 to 15 February 1946.  He was promoted to technician 5th grade and honorably released from active duty by reason of demobilization of the force on 22 March 1946.  His WD AGO Form 53-55, Enlisted Record and Report of Separation Honorable Discharge, shows that he was awarded the Asiatic-Pacific Service Medal, the Good Conduct Medal, the Distinguished Unit Badge, the World War II Victory Medal, and the Combat Infantryman Badge.  Item 34 of this form, "wounds received in action", has “None” entered.

Army Regulation 600-8-22 provides, in pertinent part, that the PH is awarded for wounds 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 and applicable law and regulations, it is concluded:

1.  The applicant’s head and scalp wounds do not qualify for the PH because they were not incurred as a result of hostile action by enemies of the United States.  These wounds were the result of civil unrest.

2.  The shrapnel wound referred to in the other document submitted by the applicant is insufficient to base the award of the PH.  There is no indication where this document came from (e.g., Department of Veterans Affairs), it does not specify who was wounded, nor is it authenticated.

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

__tlp ____  ___rwa__  ___ls____  DENY APPLICATION

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

INDEX

CASE ID	AR2001059546	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
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.		
2.		
3.		
4.		
5.		
6.