MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 August 2002
	DOCKET NUMBER:   AR2002066807

	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. Luther L. Santiful		Chairperson	
	Ms. Paula Mokulis		Member	
	Mr. Donald P. Hupman, 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:  In effect, that his records be corrected to show the award of the Purple Heart.

APPLICANT STATES:  In effect, that he was not awarded the Purple Heart for the injury he received in World War II.

EVIDENCE OF RECORD:  The applicant's military records show:

On 26 May 1943, the applicant was inducted into the Army of the United States.
His record shows that he served in the Asiatic-Pacific Theater as a heavy mortar crewman from 12 November 1943 to 4 August 1945 and was honorably discharged on 19 November 1945.

The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows as authorized awards the Combat Infantryman Badge, the Army Good Conduct Medal, the Asiatic-Pacific Theater Campaign Ribbon (known as the Asiatic-Pacific Theater Campaign Medal), the Lapel Button, and the Victory Medal (known as the WW II Victory Medal).  It does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received in Action) of his discharge document shows the entry NONE.  The applicant authenticated his WD AGO 53-55 in his own hand at the time of his discharge from the Army.

The applicant’s WD AGO Form 24 (Service Record) is complete and legible.  There is no indication in this record that he was wounded as a result of hostile action or was awarded the Purple Heart.

The WD AGO Form 33 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement) filed in the applicant’s service record shows that the applicant had a three inch scar, which was located on his anterior forearm; however, there is no indication how the applicant incurred the scar. 

The applicant’s records contain a DA Form 1577 (Authorization for Issuance of Awards) prepared by the National Personnel Records Center and dated 
26 February 2001.  This document shows that the Chief of the Army Reference Branch of the National Personnel Records Center determined that the applicant was entitled, in addition to the awards already listed on his WD AGO 53-55, to the Bronze Star Medal, the Meritorious Unit Emblem, the American Campaign Medal, and the Asiatic-Pacific Campaign Medal with 3 Bronze Service Stars.

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, and the applicant has not provided any evidence, which shows he was wounded due to hostile action during World War II.  Therefore, without official documented evidence, the applicant does not meet the criteria for award of 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 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.

NOTE:  The Board noted that the DA Form 1577 filed in the applicant’s record authorized several awards that the applicant was entitled to based on his participation in the Asiatic-Pacific Theater.  Therefore, the applicant’s WD AGO Form 53-55 should be amended to show the awards of the Bronze Star Medal, the Meritorious Unit Emblem, the American Campaign Medal, and the Asiatic-Pacific Campaign Medal with 3 Bronze Service Stars.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___LLS__  __PM___  __DPH__  DENY APPLICATION

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

INDEX

CASE ID	AR2002066807	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/08/06	
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.	100.0015	
2.		
3.		
4.		
5.		
6.