MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           7 May 2002                   
	DOCKET NUMBER:  AR2002068614

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Kenneth W. Lapin 		Member	
	Mr. John T. Meixell		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 his records be corrected to show entitlement to award of the Purple Heart (PH).

APPLICANT STATES: That he was personally awarded the Purple Heart Medal while he was in the 111th Naval Hospital, Guam recuperating from his combat sustained wound.  He still has the medal in his possession at this time.  He has provided a copy of his discharge documents; however, he does not have a copy of the actual citation.

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

On 26 March 1942, the applicant was inducted into the Army of the United States.  He completed his required training and was awarded military occupational specialty 014 (Automobile Mechanic).

During the period 30 March 1944 to 31 November 1945, he served in the Western Pacific Theater of Operations.

Medical records show that on 22 June 1945, the 86th Field Hospital admitted him for an accidental injury - a laceration of the right thumb, which had occurred on 21 June 1945.

On 1 July 1945, he was admitted to the Fleet Hospital Number 115 for further treatment of his accidental injury.  There it was documented that he had cut his thumb when he accidentally tripped a flare on 21 June 1945.  He was retained until 20 July 1945 and released for full duty.

On 21 July 1945, he was transferred to the 23rd Replacement Depot, APO 244 by the Department of Patients, 204th General Hospital, APO 246.

On 25 November 1945, a physical examination cleared him for separation and noted he had been treated by the 115th Fleet Hospital on 1 July 1945 for a laceration of the right thumb and had been released to duty on 20 July 1945.

On 26 November 1945, he was honorably separated under Army Regulation 615-365 and the convenience of the Government (Demobilization).  His WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge), authenticated by the applicant, does not show entitlement to the PH.  It does show he had 3 years, 8 months and 1 day of creditable service.

Army Regulation 615-365, then in effect, set forth the basic authority for the separation of enlisted personnel for the convenience of the government upon demobilization.

Army Regulation 600-8-22  (Military Awards) 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 in the available records, and the applicant has not provided any, to support entitlement to award of the PH; therefore, he is not entitled to that award.  The applicant fails to cite the type of wound or the date of treatment, and has not otherwise shown entitlement to the PH.

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.

BOARD VOTE:

________  ________  ________ GRANT

________  ________  ________ GRANT FORMAL HEARING

_sac____  _jtm_____  _kwl____ DENY APPLICATION

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

INDEX

CASE ID	AR2002068614	
SUFFIX		
RECON		
DATE BOARDED	20020507	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.