MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 November 2001
	DOCKET NUMBER:   AR2001060581

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. John P. Infante		Member	
	Mr. William D. Powers		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:  Correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart.

APPLICANT STATES:  In effect, that he was wounded several times during World War II.  In support of his application, he submits a copy of his WD AGO Form 53-55 and a Veterans Administration (VA) letter, dated 24 March 1949. 

COUNSEL CONTENDS:  The Disabled American Veterans, as counsel for the applicant, was notified of the applicant’s pending review by the Board; however, no brief was submitted. 

EVIDENCE OF RECORD:  The applicant's military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 19 October 1943.  He served as a construction worker in the European Theater of Operations from 29 June 1944 through 5 March 1946 and was honorably discharged on 20 March 1946.

The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received in Action) on the WD AGO Form 53-55 shows the entry “None”. 

There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.  

The Office of the Surgeon General Hospital List shows the applicant was hospitalized on 2 November 1944 in the European Theater of Operations for a non-battle injury to his face, chin and forearm sustained as a result of a gunshot wound (rifle bullet).   

The applicant provided a letter from the VA, dated 24 March 1949, which shows the applicant was awarded service connected disability compensation for gunshot wound scars with retained foreign body to his right arm which were incurred or aggravated during his war service.  The VA document does not indicate the wound scars were the result of hostile action, the date of the alleged wounding or medical treatment provided.     

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, 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.  The Board considered the applicant’s contention that he was wounded several times during World War II.  The Board also considered the VA documentation provided by the applicant in support of his claim for award of the Purple Heart.  However, medical evidence of record shows the applicant was hospitalized on 2 November 1944 for a non-battle injury to his face, chin and forearm sustained as a result of a gunshot wound (rifle bullet).   

2.  There is no evidence of record which shows the applicant was wounded or treated for wounds as a result of hostile action during World War II. 

3.  The applicant signed his discharge document on 20 March 1946 attesting to the fact that he was not wounded in action and was not entitled to the Purple Heart.  Therefore, there is no evidence upon which to base award of the Purple Heart to the applicant.

4.  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.

5.  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

RVO____  JPI_____  WDP_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001060581	
SUFFIX		
RECON		
DATE BOARDED	20011129	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.