MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           26 February 2002                   
	DOCKET NUMBER:   AR2001061826

	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	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Richard T. Dunbar		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 his records be corrected to show entitlement to award of the Purple Heart (PH).

APPLICANT STATES: That he was wounded at Aachen, France.  He provides copies of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge), dated 18 September 1945; a request for a “Thank-You-America Certificate” from the Embassy of France, dated 16 February 2001; and a partial V.A. Form 2545 (Veterans Administration - Report of Physical Examination), dated 15 December 1948.

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 alternate sources.

On 8 December 1941, the applicant was inducted into the Enlisted Reserve Corps.

On 10 December 1941, he entered into active service of the Army of the United States.  He attended the Armor Articifer School, Camp Croft, South Carolina.  He was serving in military occupational specialty 821 (Supply Sergeant) at the time of his separation.  He was promoted to the rank of staff sergeant.

During the period 2 August 1942 until 23 August 1945, he served in the European-African-Middle Eastern (EAME) Theater of Operations.

According to records of the Office of The Surgeon General, he was hospitalized at the 7th General Hospital on 13 July 1945 for duodenum, peptic ulcer without obstruction.  Records show he was “Invalided Home.”

On 18 September 1945, he was honorably separated and issued a Certificate of Disability for Discharge, by the Tilton General Hospital, Fort Dix, New Jersey.  His separation document indicates he had 3 years, 9 months and 11 days of creditable service.  He was entitled to the Bronze Star Medal, the Soldier’s Medal, the Good Conduct Medal, and the EAME Ribbon with one silver service star and three bronze service stars,

On 2 December 1948, in a V.A. Form 2545, for the purpose of claiming a pension during WWII, for his stomach condition, item 27 shows the applicant made a statement that he had a small shell fragment wound [to the] right lower thigh.  In item 8, of the same report, he indicated the wound occurred in June 1943 and that the shrapnel had been removed without symptoms.

On 1 May 2000, this office advised the applicant that after a through search for his records by the records custodian, they were not found.
Army Regulation 600-8-22 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.  There is no evidence of record available to the Board, which shows that the applicant was wounded or treated for wounds due to hostile action; therefore, he is not entitled to award of the Purple Heart.

2.  While the applicant stated he was wounded, the circumstances are not described, and there is no material evidence showing he was wounded as the result of hostile action.

3.  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

4.  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

_jhl_____  _rtd_____   _rjw____ DENY APPLICATION

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

INDEX

CASE ID	AR2001061826	
SUFFIX		
RECON		
DATE BOARDED	20020226	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.