MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 April 2002
	DOCKET NUMBER:   AR2002068079

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Elzey J. Arledge, Jr.		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:  In effect, that he be awarded the Purple Heart (PH). 

APPLICANT STATES:  In effect, that he injured his back in action during a strafing attack by German aircraft.  In support of his application, he refers to a Department of Veterans Affairs (VA) court report issued in 1954 in Detroit, Michigan.  

EVIDENCE OF RECORD:  

The applicant’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service records at the National Personnel Records Center in 1973.  It is believed that his records were lost in that fire. 

The available evidence includes a WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge).  This properly constituted separation document verifies that the applicant was inducted into the Army of the United States (AUS) and entered active duty on 29 January 1943.  He continuously served on active duty until 11 November 1945, at which time he was honorably separated in the rank of private first class.  This document also confirms that he served in the European Theater of Operations (ETO) from 20 October 1943 to 
7 September 1945 and that he participated in 1 campaign.  

The applicant’s WD AGO 53-55 also verifies that he earned the following awards during his active duty tenure:  Combat Medical Badge; European-African-Middle Eastern Campaign Ribbon with 1 bronze service star; Good Conduct Medal; and World War II Victory Ribbon.  The PH is not included in the list of awards in block 33 (Medals, Badges, and Citations) and block 34 (Wounds Received in Action) contains a “None” entry, which would indicate he was never wounded or injured in action. 

On 18 June 1984, a correction to the applicant’s separation document (DD Form 215) was issued by the Army Reserve Personnel Command (ARPERSCOM).  This document added the Bronze Star Medal to the awards listed in Item 33 of the applicant’s separation document.  

In connection with the processing of this case, a medical finding report pertaining to the applicant’s record of hospital admissions and medical treatment was requested from the National Archives and Records Administrative (NARA), this request produced negative results.  There is no evidence available to show that the applicant was ever treated as a battle casualty during World War II.  The military medical treatment records that were on file, show only that the applicant was treated for non-battle related illnesses during his active duty tenure.  

Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action.  A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation.  In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and 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, and advisory opinion(s), it is concluded:

1.  The Board notes the applicant’s contention that he is entitled to the PH for a combat related back injury he received during a strafing attack by German aircraft during World War II and it considered his claim that this fact is supported in VA files.  However, it finds insufficient evidence to support this claim.

2.  By regulation, in order to support an award of a PH a member must have been wounded or injured in action, must have been treated for this wound or injury by military medical personnel, and this treatment must have been made a matter of official record.  In this case, there are no medical or other official records to confirm that the applicant was ever injured in action or treated by military medical personnel for combat related back injury.  

3.  In addition, absent the military medical treatment records, the VA record confirmation referred to by the applicant would still not satisfy the regulatory burden of proof necessary to support awarding the PH.  

4.  The Board wishes to advise the applicant that it does not question the veracity of his claim that he received a back injury and he is to be congratulated for his outstanding service to our country.  However, based on the lack of supporting records and evidence, it is regrettably compelled to deny his PH request.  This action is taken in the interest of fairness and equity to all members who served during World War II and who face similar circumstances.  

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

__MKP__  __EJA__  __RTD___  DENY APPLICATION

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

INDEX

CASE ID	AR2002068079	
SUFFIX		
RECON		
DATE BOARDED	2002/04/11	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	194511/11	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	Demobilization	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.		
3.		
4.		
5.		
6.