MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           20 November 2001
	DOCKET NUMBER:   AR2001060340

	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	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Regan K. Smith		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 the award of the Purple Heart (PH) be added to his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge).

APPLICANT STATES:  That he was awarded the PH in Germany in 1945 for injuries he received during an enemy "buzz bomb" attack while on rest and recuperation (R&R) in Liege, Belgium in the spring of 1944.

In support of his application, the applicant submitted a copy of his WD AGO Form 53-55 and a notarized statement, dated 18 March 1966.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center (NPRC) fire of 1973.  Information herein was obtained from the applicant's WD AGO Form 53-55 and hospital admission card data files created by the Office of the Surgeon General (OTSG). 

He was inducted in the Army of the United States on 14 March 1941.  Following completion of all military training, he was awarded military occupational specialty (MOS) 734, Truck Driver, Heavy and transferred to the European Theater of Operations (ETO) in December 1942.  He served in the ETO until he was returned to the United States for discharge.

An OTSG hospital admission card for the year 1944 indicates the applicant's only medical treatment in 1944 occurred in March when he was treated for Myositis.  Myositis is an illness involving chronic muscle inflammation.

The applicant returned to the United States on 9 June 1945.  On 15 June 1945, the applicant was honorably discharged under the provision of Army Regulation 615-365 for the convenience of the government - demobilization.  He was credited with 4 years, 3 months, and 2 days of creditable military service.  His WD AGO 53-55 shows that he participated in the following campaigns:  Northern France, Normandy, Germany, and Morocco.  It also shows he was awarded the following awards and decorations:  Bronze Star Medal, American Defense Service Medal, Good Conduct Medal, European-African-Middle Eastern Campaign Medal (4 Bronze Stars).

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was 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 in the available records, nor has the applicant provided any, to indicate that he was awarded the PH as a result of hostile actions while on R&R in Belgium.  Without such evidence, the Board cannot recommend award of the PH.  Additionally, the applicant’s WD AGO Form 53-55 reflects "none" in Block 34 (Wounds Received in Action).

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

_JLP____  __MHM__  ___RKS_  DENY APPLICATION

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

INDEX

CASE ID	AR2001060340	
SUFFIX		
RECON		
DATE BOARDED	20011120	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19450615	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	Convenience of Govt-demobilization	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.	107.0014	
2.		
3.		
4.		
5.		
6.