MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           6 December 2001     
	DOCKET NUMBER:   AR2001060362

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Harry B. Oberg		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 records to show award of the Purple Heart.

APPLICANT STATES:  That he believes he is entitled to award of the PH regardless of the time constraints.  He states, "I was injured in combat approximately 4-10-45 in Germany; when a building I was clearing blew up."  He adds that he received a puncture wound to his left foot and he has a 50% hearing loss as a result of the incident.  In support of his request, he submits medical documents, induction records, a WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), a WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge).

EVIDENCE OF RECORD:  The applicant's military records are presumed lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from the applicant.

The evidence available shows that the applicant was inducted into the Army of the United States on 12 March 1941.  He served in the European-African-Middle Eastern Theater of Operations from 22 December 1944 to 4 October 1945.  

The medical documents provided by the applicant show that he accidentally sprained his finger on 21 July 1941 when he struck his hand against a piece of field equipment while serving at Camp Roberts, California.  On 26 February 1944, he received eardrops as a result of his ears being blocked.   On 25 March 1944, he sprained his ankle.

On 1 April 1945, the applicant stepped on a rusty nail and received a puncture wound to his left foot.  On 10 April 1945, he was treated for "edema" of the left foot, localized or general swelling caused by the build-up of fluid within body tissues.  He was also treated for "cellulites" (bacterial infection) in his left ankle due to the puncture wound received on 1 April 1945.  The available evidence does not indicate that this foot injury was the result of having been wounded by the enemy.  The records indicate that he was serving with the 219th Field Artillery Group at the time of this injury.

On 22 October 1945, the applicant was honorably discharged.  His WD AGO 53-55 shows that he participated in the Central Europe and Rhineland campaigns.  It also shows that he was awarded the European-African-Middle Eastern Campaign Medal, the American Defense Service Medal, and the Honorable Service Lapel Button (World War II).  It does not show the Purple Heart as an authorized award. 

The applicant's WD AGO Form 53-55 states "None" in Block 34 (Wounds Received in Action).  The applicant's WD AGO Form 38 also indicates that he suffered no wounds.  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.  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.

2.  To be awarded the Purple Heart, the applicant would have to show that he was wounded and 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.  There is no such substantiating proof in the record, nor has the applicant provided any that show he was ever wounded as a result of hostile action.  The medical documents that the applicant submitted do not provide a sufficient basis for awarding the PH.

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 ____  __tap____  __hbo___  DENY APPLICATION

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

INDEX

CASE ID	AR2001060362	
SUFFIX		
RECON		
DATE BOARDED	20011206	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19451022	
DISCHARGE AUTHORITY	AR615-365	
DISCHARGE REASON	A04.00	
BOARD DECISION	Denial	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.