MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           10 October 2002
	DOCKET NUMBER:   AR2002072843

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Roger W. Able		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 he be awarded the Purple Heart.

APPLICANT STATES:  He received an injury to his hand and shoulder in combat during World War (WW) II.  On both occasions, medics offered to write him up for the Purple Heart, but he was young and macho and declined.  He now receives disability payments from the Veterans Administration (VA) for the shoulder injury and malaria.

In support of his request, he submits a copy of his WD AGO 53-55 (Enlisted Record and Report of Separation).

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  Information herein is based upon the document provided by the applicant and information obtained from the Office of the Surgeon General.

His WD AGO Form 53-55 shows that he entered active duty on 27 May 1944, and served as a squad leader in the Asiatic-Pacific Theatre of Operations from 26 January 1945 through 26 April 1946.  He was honorably discharged on 13 May 1946 in the grade of staff sergeant.

Awards shown on his WD AGO Form 53-55, which was signed by the applicant, include the Philippines Liberation Ribbon with 2 Bronze Stars, the Asiatic-Pacific Campaign Medal with 1 Arrowhead, the Good Conduct Medal, the Army of Occupation Medal, and the WWII Victory Medal.  The Purple Heart is not listed.

There are no orders in the available records to show that he was awarded the Purple Heart.  There also is no evidence that he was wounded or treated for wounds as a result of hostile action.  There are no hospital admission records in the files of The Surgeon General of the Army, which show that the applicant was treated for wounds or injuries as a result of hostile action.

Information obtained from hospital admission cards created by the Office of the Surgeon General reflects that the applicant was admitted to a hospital on 29 November 1945 and 5 June 1945 for treatment of diseases.  No combat related injuries are listed.

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 by a medical officer and the medical treatment must have been made a matter of official record.

Department of the Army Pamphlet 672-1 shows that several subordinate units of the 21st Infantry Regiment received unit awards.  The applicant's WD AGO 53-55 does not reflect which company or battalion he was assigned, therefore, it could not be determined if he was authorized any unit awards. 

Army Regulation 600-8-22 provides, in pertinent part that a Bronze Service Star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  In the applicant’s case, he is entitled to three Bronze Service Stars to be worn on his Asiatic-Pacific Campaign Medal for participation in the Leyete; Luzon and Southern Philippines Campaigns.

Title 38, United States Code, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service. The VA, however, is not required by law to determine medical unfitness for further military service.  The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned.

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 that there is no evidence in the available records to show that the applicant was awarded the Purple Heart or was treated for wounds or injuries as a result of hostile action that would authorize the Purple Heart.  A disability finding by the VA is not an official source for establishing that a wound was the result of hostile action.  In the absence of documentation to support his request, there is insufficient evidence upon which to base an award of the Purple Heart or to amend his records to show that he was wounded in action.

2.  The Board acknowledges the applicant's statement regarding his injuries but such individual statements are acceptable only where corroborating evidence is available from other sources.  In the absence of supporting evidence the applicant’s statement in and of itself is insufficient grounds for the Board to award the Purple Heart.

3.  In reviewing his case, however, it was noted that he is entitled three Bronze Service Stars to be worn on his Asiatic-Pacific Campaign Medal, and is entitled to a correction of his records to show these awards.  Accordingly, the Army Review Board Agency Support Division, St. Louis will be requested to administratively issued him a correction to his separation document reflecting these awards.

4.  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.

NOTE:  The Army Review Boards Agency Support Division, St. Louis, is requested to administratively correct the records of the individual concerned by showing that he was awarded three Bronze Service Stars to be worn on his Asiatic-Pacific Campaign Medal.

BOARD VOTE:

________  _______ _  _______  GRANT

________  ________  ________  GRANT FORMAL HEARING

___jtw___  ___rjw___  ____jtm_  DENY APPLICATION

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

INDEX

CASE ID	AR2002072843	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021010	
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.  107.00		
2.		
3.		
4.		
5.		
6.