MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 October 2002   
	DOCKET NUMBER:   AR2002070354

	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. Wanda L. Waller 		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Thomas A. Pagan		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:  Award of the Purple Heart.  

APPLICANT STATES:  In effect, that he was wounded in action on 3 May 1945 as reflected on his WD AGO Form 53-55 (Enlisted Record and Report of Separation).  However, he was never awarded the Purple Heart because the medical records are wrong.  He contends that his medical records were recorded by doctors asking him questions while he was semi-conscience and that the medical records give four different accounts of his injuries.  In support of his application, he submits a WD AGO Form 53-55 (Enlisted Record and Report of Separation); a Veterans Administration document, dated 30 October 1990; two letters from the Military Order of the Purple Heart; a letter of appeal, dated 
6 February 2002; a letter to the Chief Military Awards Branch, dated 4 February 2002, from the applicant’s daughter; copies of Morning Reports; a letter to a Member of Congress, dated 31 January 2001, from the Military Awards Branch; and medical records.        

EVIDENCE OF RECORD:  The applicant's military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 25 July 1944.  He served as a heavy machine gunner in the European Theater of Operations from 27 March 1945 through 1 July 1945. On 25 October 1945, the applicant was honorably discharged by reason of physical disability.

The WD AGO Form 53-55 (Enlisted Record and Report of Separation) contained in the applicant’s records, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received in Action) on this WD AGO Form 53-55 shows the entry, “None.”

There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.

The Office of the Surgeon General Hospital List shows the applicant was hospitalized on 3 May 1945 in the European Theater of Operations for a non-battle injury to his pelvis, buttock and hip sustained as a result of a jeep accident.  
The applicant’s medical records show that he was injured on 3 May 1945 in a jeep accident while on duty in Germany. 

The applicant provided a copy of a letter to a Member of Congress, dated 
31 January 2001, from the Chief, Military Awards Branch.  This letter states, in pertinent part, “The medical documentation shows that he [the applicant] was treated for his injuries at the 94th and 188th General Hospitals.  Hospital commanders had Purple Heart award authority and would have awarded it if his injuries had been the result of enemy action.  We reviewed historical records for those hospitals and found no award of the Purple Heart.  As indicated in our letter of January 17, 2001, we previously reviewed the historical records of the 117th Cavalry Reconnaissance Squadron and found no record of an award of the Purple Heart.” 
In support of his claim for award of the Purple Heart, the applicant provided a copy of a WD AGO Form 53-55 (Enlisted Record and Report of Separation) which shows the entry, “MAY 3 45” in item 34 (Wounds Received in Action). 

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.  The Board reviewed the WD AGO Form 53-55 provided by the applicant which shows the entry “MAY 3 45” in item 34 (Wounds Received in Action). 
  
2.  The Board also reviewed the WD AGO Form 53-55 contained in the applicant’s service personnel records which shows the entry “None” in item 34.

3.  Based on the foregoing, the Board determined that the WD AGO Form 53-55 provided by the applicant was altered subsequent to its issuance on 25 October 1945.  

4.  There is no evidence of record available to the Board which shows the applicant was wounded or treated for wounds as a result of hostile action during World War II.

5.  Medical evidence of record shows the applicant was injured in a jeep accident in Germany on 3 May 1945.

6.  The applicant signed his discharge document on 25 October 1945 attesting to the fact that he was not wounded in action and was not entitled to award of the Purple Heart.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

7.  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.

8.  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

KAK____  TAP____  BJL_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002070354	
SUFFIX		
RECON		
DATE BOARDED	20021029	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.