MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           20 November 2001
	DOCKET NUMBER:   AR2001060512

	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 he be awarded the Purple Heart (PH).

APPLICANT STATES:  That while serving with the 4432nd Brigade (sic) in China, he was cut on the right wrist by a machete wielded by a fellow soldier.  He states that a civilian doctor who was assigned to the Army repaired the wound.

In support of his application, the applicant submitted a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from the applicant’s WD AGO Form 53-55 and medical records.

The applicant was inducted in the Army of the United States on 27 February 1943.  Following completion of all military training, he was awarded military occupational specialty (MOS) 745, Rifleman.  The applicant departed the United States on 23 April 1944 and arrived in the CBITO (China-Burma-India Theater of Operations) on 25 May 1944.  He served with the 475th Infantry, 5332nd Brigade, also known as the "Mars Task Force."  He departed the CBITO on 19 November 1945 and returned to the United States on 12 December 1945.

On 23 December 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 2 years, 9 months, and 26 days of creditable military service.  His WD AGO 53-55 shows that he participated in the following campaigns:  Burma, China, Central Burma, and India Burma.  It also shows he was awarded the following awards and decorations:  China War Memorial, American Theater Ribbon, Asiatic-Pacific Theater Ribbon with four Bronze Stars, Good Conduct Medal, Distinguished Unit Badge, and Victory Medal.

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.  The Board noted that the applicant stated that while he was serving in China he was wounded on his right wrist by a machete wielded by a fellow soldier.  Such a wound does not qualify for award of the PH as it was not the result of hostile 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	AR2001060512	
SUFFIX		
RECON		
DATE BOARDED	20011120	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451223	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	Convenience of the government-demobilization	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.	107.0014	
2.		
3.		
4.		
5.		
6.