MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 January 2002                   
	DOCKET NUMBER:   AR2001061922

	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. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Walter T. Morrison		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:  Award of the Purple Heart Medal.

APPLICANT STATES:  In effect, that he was wounded on 7 August 1944 while serving in France.  He was standing behind a 21/2-ton truck near a bridge, German forces bombed the bridge and he was wounded in his right arm.  He did not go to the field hospital for medical treatment.  He chose to be treated by the company medic so that he could stay with the soldiers he trained with and knew. 

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information available to the Board was obtained from a reconstructed record and show that he was inducted on 22 December 1942.  He served in the European-African-Middle Eastern Theater of Operations for the period 12 June 1944 to 28 November 1945 and was honorably discharged on 16 December 1945.

The applicant’s Enlisted Record and Report of Separation Honorable Discharge (WD AGO 53-55), item 32 (Battles and Campaigns) shows that he participated in 5 campaigns (Normandy, Northern France, Ardennes, Rhineland and Central Europe).  Item 33 (Decorations and Citations) shows he was awarded the American Theater Ribbon (now known as the American Campaign Medal), the European-African-Middle Eastern Campaign Medal w/5 Bronze Stars, the Army Good Conduct Medal, the World War II Victory Medal, the Sharpshooter’s Badge (Rifle) and World War II Lapel Button.  It does not show the PH as an authorized award.

Item 34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-55, which was authenticated in his own hand, shows the entry “None”.  There is no record that the applicant was awarded the PH.  There also is no indication that he was wounded as a result of hostile action.  The applicant’s medical records are unavailable.

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 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.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded due to hostile action during World War II.  Therefore, without official documented evidence the applicant is not entitled to award of the Purple Heart.  However, if the applicant can provide substantiated evidence such as official documented medical evidence that the wound to his right arm was caused by enemy forces he may reapply.

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

__gdp___  __wtm___  __rtd___  DENY APPLICATION

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

INDEX

CASE ID	AR2001061922	
SUFFIX		
RECON		
DATE BOARDED	20020124	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.