MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           2 October 2001                  
	DOCKET NUMBER:   AR2001059757

	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:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Richard T. Dunbar		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 WD AGO 53-55, Enlisted Record and Report of Separation, be corrected to show that he was awarded the Purple Heart.

APPLICANT STATES:  In effect , that he was wounded in combat in France during World War II and should be awarded the Purple Heart.

In support of his requests he submits a statement from a civilian doctor. The note dated 27 June 2001, states that the applicant had a piece of shrapnel removed from his right hand in the spring of 1949.

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

His WD AGO Form 53-55 reflects that he was inducted on 23 August 1944 and served in the European Theater of Operations from March 1945 to October 1945. He was honorably separated at demobilization on 13 July 1946, in the grade of technician 4th grade.

His awards include the World War II Victory Medal, the European-African-Middle Eastern Campaign Medal with one Bronze Service Star, the Good Conduct Medal, the Meritorious Unit Award, and the Expert Badge with Rifle Bar. The Purple Heart is not listed as an authorized award.

Block 34 (wounds received in action) of the WD AGO 53-55 reflects the entry “None.

The applicant submits no sworn affidavits, eyewitness statements, certificates, orders, or corroborating statements from commanders, leaders, fellow comrades or health care personnel who had personal knowledge of the circumstances and events relative to this request.

Army Regulation 600-8-22, Military Awards, 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 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.  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.  The Board noted the supporting statement.  The statement did not indicate that the applicant was wounded as a result of enemy action or required treatment by a medical officer.  This statement was not sufficient to support the award of the Purple Heart. Therefore, the applicant is not entitled to the award.

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 records 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

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2001059757	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011002	
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		
2.		
3.		
4.		
5.		
6.