MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           22 August 2002                  
	DOCKET NUMBER:   AR2002068109

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Raymond V. O'Connor, Jr.		Member	
	Ms. Barbara J. Lutz		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 he be awarded the Purple Heart (PH).

APPLICANT STATES:  He "did not turn in my shrapnel wound to my leg to the medics because 5 of my friends were killed at this time and I thought this was very slight in comparison to my friends."

In support of his request the applicant submits selected portions of the publication, The 6th Infantry Division In World War II.

EVIDENCE OF RECORD:  The applicant's military records could not be located and are presumed to have been destroyed in the fire at the records repository at St. Louis, Missouri, in 1973.  The following information was derived from alternate sources.

He entered on active duty on 22 October 1942 and served as a commissioned officer.  He served in the Asiatic-Pacific theater of operations from 21 July 1943 to 2 August 1945 and was promoted to major.  He was credited with participation in the New Guinea and Southern Philippines campaigns.  His awards and decorations consist of two awards of the Bronze Star Medal for Meritorious Service, the American Defense Service Medal, the Asiatic-Pacific Service Medal, the World War II Victory Medal, and the Philippines Liberation Medal.  The applicant’s WD AGO Form 53-98, Military Record and Report of Separation, Certificate of Service, Item 30, "Wounds Received in Action" has "None" entered.

In the processing of this case, the staff of the Army Review Boards Agency contacted the applicant.  The applicant could not give an approximate date of his wound.  Thereafter, a search of the historical files of the 6th Infantry Division was conducted, which failed to identify the applicant as being entitled to the PH.

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 and applicable law and regulations, it is concluded:

1.  It would appear from the applicant's statement that he refused medical treatment for his shrapnel wound.  This would explain why there is no record of his being wounded.

2.  Since a wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record in order for a soldier to qualify for a PH, the applicant is not entitled to that decoration.

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

__jhl ____  ___rvo___  ___bjl___  DENY APPLICATION

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

INDEX

CASE ID	AR2002068109	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020822	
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.