MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 April 2002
	DOCKET NUMBER:   AR2002068399

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Charles Gainor		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 was wounded in action during World War II, in the Pacific Theater of Operations (PTO), and never received the PH.  In support of his application, he submits a copy of his separation document
(WD AGO Form 53-55).

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

On 27 January 1945, the applicant was inducted into the Army and was trained and served in military occupational specialty (MOS) 345 (Light Truck Driver) and continuously served on active duty for 1 year, 10 months, and 14 days until being honorably separated, in the rank of private first class, on 10 December 1946.  Item 33 (Awards) of his WD AGO 53-55 contains a list of awards he earned during his active duty tenure.  These awards include the Asiatic Pacific Service Medal, Good Conduct Medal, World War II Victory Medal, and Army Occupational Medal.  However, the PH is not included in the list of earned authorized awards contained in Item 33 and Item 34 (Wounds Received In Action) contains the entry “None”, which indicates that the applicant was not wounded in action during his active duty tenure. 

The applicant’s separation physical examination report (WD AGO Form 38-1), dated 24 October 1956, which cleared him for separation, contains no indication that the applicant ever sustained a wound in combat during his active duty tenure.  

Army Regulation 600-8-22 provides, in pertinent part, that the PH 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.  The Board notes the applicant’s contention that he is entitled to the PH because he was wounded in action in the PTO during World War II.  However, it finds insufficient evidence to support this claim.  

3.  By regulation, in order to award the PH, the wound for which the award is being granted must have been sustained in action, must have been treated by military medical personnel, and this treatment must have been made a matter of official record.  

4.  The evidence of record gives no indication that the applicant was wounded in action during his active duty tenure.  His separation document contains the entry “None” in Item 34 (Wounds Received in Action) and his separation physical examination documents no wounds received during his active duty tenure. 

5.  The Board wishes to congratulate the applicant on his record of World War II combat service and to advise him that veracity of his claim is not in question.  The Board is compelled to deny the requested relief based solely on the lack of substantiating evidence and in the interest of fairness to all those who served during World War II, who face similar circumstances.  

6.  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         GDP            CG         DENY APPLICATION

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

INDEX

CASE ID	AR2002068399	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/04/25	
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.	107.0015	
2.		
3.		
4.		
5.		
6.