MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            8 August 2002
	DOCKET NUMBER:   AR2002071827

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Margaret V. Thompson		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:  Correction of his records to show award of the Purple Heart.

APPLICANT STATES:  In effect, that award of the Purple Heart was erroneously omitted from his discharge document.  In support of is application, the applicant presented a statement from a Regional Office of the Department of Veterans Affairs (DVA) and a photocopy of his New Jersey Motor Vehicle Operator License.

EVIDENCE OF RECORD:  The applicant's World War II service personnel records are complete.  These records show:

The applicant entered active duty on 12 October 1942 and completed training as a surgical technician.  He served in the European Theater of Operations from 19 October 1943 through 5 November 1945.  The applicant was honorably separated from active duty on 26 November 1945.

The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), which was authenticated by the applicant at the time of his separation, does not show award of the Purple Heart in item 33 (Decorations and Citations).  Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 shows the entry, “None.”

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  His DA Form 24 (Service Record) does not contain any entries showing award of the Purple Heart.

In item 11 (List all significant diseases, wounds, and injuries) of the applicant’s WD AGO Form 38 (Report of Physical Examination Of Enlisted Personnel Prior To Discharge, Release From Active Duty Or Retirement), he made the following entries:  “no malaria, syphilis or dysentery  skin rash on face-July 45 12th Field Hospital –France [period of time illegible] - shrapnel wounds are over body – no malaria syphilis or dysentery.” 

The Record Of Physical Examination portion of the WD AGO Form 38, which was completed by the Medical Officer examining the applicant, shows no entries for wounds or scars consistent with shrapnel wounds.

The applicant’s records also contain a VA Form 3101 (Request For Army Information).  This form requests medical treatment records from Camp Bowie, Texas; Camp Robinson, Arkansas; and 12th Field Hospital at Indio, California, in support of the applicant’s disability claim.  Item 11 of this form lists all hospitalization and medical treatment for the period beginning in October 1942 and ending May 1945.  There is no reference to any treatment for any wounds on this form.
The applicant provided a statement from the Newark, New Jersey, DVA Regional Office, dated 25 March 2002.  This document states:  

	“This is to certify that I have seen the Purple Heart which was awarded to [applicant’s name omitted], and I declare that it is authentic.  [The applicant’s last name omitted] Army Serial Number is 32 513 685, and it is noted on the back of the medal.”

Army Regulation 600-8-22 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 request for award of the Purple Heart for wounds allegedly sustained during World War II.

2.  The Board reviewed the applicant’s service personnel records and the statement from the DVA.

3.  There are no orders in the applicant’s records which show that he was awarded the Purple Heart.  

4.  The applicant authenticated his WD AGO Form 53-55 at the time of his separation from active duty which shows that the Purple Heart was not an authorized award and the applicant sustained no wounds in action.

5.  Notwithstanding the entry, “shrapnel wounds are over body”, made by the applicant on his separation medical examination, there is no evidence that he was wounded or injured as a result of hostile action or treated for wounds or injuries resulting from enemy action.  Furthermore, the Board noted that the Report of Medical Examination did not show any wounds or scars consistent with the shrapnel wounds described by the applicant.

6.  Finally, records showing the applicant’s medical treatment and hospitalization during his military service do not show that he received treatment or was hospitalized for wounds sustained as a result of enemy action.

7.  The Board considered the statement from the DVA regarding the authenticity of a Purple Heart possessed by the applicant.  However, this statement by itself is not sufficient as a basis for award of the Purple Heart in view of the military records which show that he was not awarded a Purple Heart or wounded or injured as a result of hostile action.

8.  Based on all of the foregoing, there is insufficient evidence in this case upon which to correct the applicant’s WD AGO Form 53-55 show award of the Purple Heart.

9.  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 either requirement.

10.  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

__MVT__  __LE___  __RJW___  DENY APPLICATION

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

INDEX

CASE ID	AR2002071827	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020808	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR CHUN	
ISSUES         1.	107.0015.0000	
2.		
3.		
4.		
5.		
6.