MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           19 MARCH 2002
	DOCKET NUMBER:   AR2001060411

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Elzey J. Arledge, Jr.		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:  Award of the Purple Heart.

APPLICANT STATES:  He believes he is entitled to the Purple Heart and states that he “was shot” in a German POW (prisoner of war) camp.  He notes that he was advised in 1985 that he could not receive the Purple Heart unless he “had a witness to the shooting.”  In support of his request he submits a 1987 VA document which indicates that “service connection” was established “for the shell fragment wound of the back of the head” in view of his “statement regarding injury at the time of capture and the findings on the VA exam.”

EVIDENCE OF RECORD:  The applicant's military records were likely lost or destroyed during the 1973 fire at the National Personnel Records Center.  Information contained herein was reconstructed from alternative sources, including information provided by the applicant.

The applicant served on active duty between July 1943 and November 1945.  He was assigned to the European Theater of Operations between October 1944 and June 1945.  According to information contained in the POW historical files, maintained at the National Archives, College Park, Maryland, the applicant was a POW during World War II.

In earlier correspondence, contained in records available to the Board, the applicant noted that enemy forces captured him on 16 December 1944.  He indicated that while in captivity he was “shot and hit” in his head by a German guard who thought he “was planning to escape.”  The applicant stated that he was treated by a local German doctor, prior to being liberated.

The applicant was released from active duty on 5 November 1945 as a result of demobilization.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation), which the applicant authenticated, does not reflect entitlement to the Purple Heart and item 34 (wounds received in action) reflects “None.”  Additionally, the POW historical files do not identify the applicant as being entitled to an award of the Purple Heart.

There were no medical records available to the Board, or provided by the applicant.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart 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.

In 1984 the applicant was authorized issuance of a Bronze Star Medal, based on his Combat Infantryman Badge, the American Campaign Medal, and World War II Victory Medal.  In 1988 he was authorized issuance of the POW Medal.  However, the applicant’s 1945 separation document was never corrected to reflect those additional awards.

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, and the applicant has not provided any, which confirms he was wounded as a result of hostile action.  The VA's determination, rendered more than 40 years after the fact, which was based on information provided by the applicant, is not sufficient justification for the Board to conclude that the applicant is entitled to 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 that 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.

(NOTE:  Officials at the ARBA Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect award of the Bronze Star Medal, the American Campaign Medal, World War II Victory Medal, and POW Medal.)

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___SLP      __SK ___  __EJA __  DENY APPLICATION

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

INDEX

CASE ID	AR2001060411	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020319	
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.