MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 July 2002       
	DOCKET NUMBER:   AR2002071626

	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:

	Mr. Arthur A. Omartian		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Thomas Lanyi		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 injured by a piece of mortar shrapnel on his right hand during the Battle of the Bulge.  He contends that the wound was minor and only required bandaging.  He also contends that the medic (now deceased) wanted to submit his name for having been wounded in action wherein he would have received the Purple Heart; however, the applicant refused because he felt his wound was not worthy of the Purple Heart.  In support of his application, he submits a letter of explanation, dated 18 March 2002; two eyewitness statements, dated 3 August 2001 and 1 August 2001; a combat history of the Company F, 194th Glider Infantry during World War II; correspondence from the U.S. Total Army Personnel Command (PERSCOM), dated 11 February 2002 and 3 October 2001; letters provided by the applicant to (PERSCOM), dated 18 January 2002, 10 October 2001 and 2 August 2001; and a photograph of a shadow box frame with medals.

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 10 March 1943.  He served as a squad leader in the European Theater of Operations from 28 August 1944 through 29 December 1945 and was honorably discharged on 18 January 1946.

The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received in Action) on the WD AGO Form 53-55 states, “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 applicant provided an eyewitness statement, dated 3 August 2001, from a fellow soldier at the time in question.  This soldier attests that the applicant was wounded by shrapnel in the right hand in January 1945 and refused the Purple Heart because of the extreme wounds suffered by others at the time.  He also states that he was there when the medic offered to write the applicant up for the Purple Heart; however, the applicant stated “No it’s just not that serious.”

The applicant also provided an eyewitness statement, dated, 1 August 2001, from another fellow soldier at the time in question.  This soldier attests that during a German shelling in January 1945 he saw the applicant being attended to by a medic.  He also states that the applicant showed him the bandage and said the wound was caused by a piece of shrapnel.   

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 considered the applicant’s contention that he was injured by a piece of mortar shrapnel on his right hand during the Battle of the Bulge.  However, there is no evidence of record available to the Board which shows that the applicant was wounded or treated for wounds as a result of hostile action during World War II.

2.  The applicant signed his discharge document on 18 January 1946 attesting to the fact that he was not wounded in action and was not entitled to the Purple Heart.  

3  The Board considered the eyewitness statements provided in support of the applicant’s request for award of the Purple Heart.  However, these statements made over 56 years after the fact, are not sufficient by themselves as a basis for award of the Purple Heart in view of evidence of record which shows the applicant was not wounded in action.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

4.  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.

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

AAO____  KAH____  TL________  DENY APPLICATION

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

INDEX

CASE ID	AR2002071626	
SUFFIX		
RECON		
DATE BOARDED	20020730	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.