MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           02 MAY 2002                   
	DOCKET NUMBER:   AR2002067060

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Christopher J. Prosser		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.

APPLICANT STATES:  In a self-authored statement, that on 19 September 1944 his unit was on a mission when it came under attack by German artillery.  He states that he was "knocked unconscious" and that his rifle was knocked out of his hands.  He states he was hit by shrapnel in eight fingers and that the burns and scars remain to this day.  He indicated that he was carried to the aid station and a medical officer removed the shrapnel, bandaged his hands and gave him a shot of medication.  He states he then was sent "to a barn" and "slept it off in 48 hours" before volunteering to return to duty.  He states that he later heard the medical officer had been killed and that the aid station was destroyed, "including of course records" that would have showed that he had been wounded in action. In support of his request he submits a letter he sent to his spouse during the war. He states that he "downplayed" his injuries in the letter because he did not want to alarm his spouse who had recently given birth.

EVIDENCE OF RECORD:  The applicant's military records were likely lost or destroyed during the 1973 fire at the National Personnel Records Center.  Information contained herein was reconstructed from alternative sources, including information provided by the applicant.

The applicant entered active duty on 20 March 1943 and arrived in the European Theater of Operations in July 1944.  According to extracts from unit morning reports, the applicant was reported as "slightly" sick in October 1944, although there is no indication of the nature, source, or extent of that the sickness.

In the April 1945 letter the applicant wrote to his spouse, and submitted as evidence in support of his request to the Board, he wrote:

I wrote and told you that I was hit several months ago and that it was nothing.  Well dearest believe me it was nothing.  If I had been wounded seriously, you would have been notified by the War Dept.  You'll just have to believe what I write you sweet, that’s all there is to it.  It was just a few pieces of small shrapnel in my hand and I took it out myself.

The applicant returned to the United States in August 1945 and on 27 October 1945 he was discharged as a result of demobilization.  His separation document, which he authenticated, does not reflect entitlement to the Purple Heart and item 34 (wounds received in action) reflects "NONE."

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, 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.  While the applicant may very well have sustained minor shrapnel wounds to his hands during World War II, he admits in his 1945 letter to his spouse that they were so minor that he removed the shrapnel himself.  Wounds so slight that they did not require treatment by a medical doctor do not meet the requirements for award of the Purple Heart.

2.  The Board also notes that the applicant indicated in his self-authored statement that his hands still bear the scars and burns from his shrapnel injuries, but submits no evidence to support that statement.

3.  There is no evidence, and the applicant has not provided any, that he was wounded as a result of hostile action, which required treatment by a medical officer and made a matter of official records.  In the absence of such evidence the Board is unable to conclude that the applicant is entitled to an award of the Purple Heart.

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 that 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

__FNE __  __WTM__  __CJP__  DENY APPLICATION

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

INDEX

CASE ID	AR2002067060	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020502	
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.	107.00	
2.		
3.		
4.		
5.		
6.