MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  14 January 2003
	DOCKET NUMBER:  AR2002073518

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Mae M. Bullock		Member	
	Ms. Jennifer L. Prater		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 an award of the Purple Heart (PH).

APPLICANT STATES:  That he was wounded by shrapnel in the Spring of 1943 in Tunisia.  He was treated in a military hospital and the shrapnel was removed.  The nurse placed Purple Heart medals on the blankets of all the wounded soldiers and also gave him his piece of shrapnel.  All of his awards were stolen when he returned from Europe.  He has had all of them replaced except the Purple Heart, which was denied.  His Purple Heart is important for future medical treatment by the Department of Veterans Affairs (VA).

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  Several documents available from alternate sources show that he enlisted and entered active duty on 13 February 1942.  He was trained as a radio operator and was assigned to the European Theater from 8 November 1942 through 13 June 1945.

His Enlisted Record and Report of Separation shows that he was discharged from active duty on 13 September 1945 in the grade of sergeant.  He had participated in five campaigns and was awarded the Good Conduct Medal.  Block 34 (Wounds Received in Action) states "None."  The applicant authenticated the form with his signature and thumb print.

A record of hospital admissions provided by the Office of the Surgeon General show treatment for inflammation of the pharynx (airway passage).  This is the only record of hospitalization or medical treatment available for the applicant.

A search of the available unit records at the National Archives failed to locate any information that the applicant was wounded or awarded the Purple Heart.

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.

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 medical evidence of record, or sufficient evidence submitted by the applicant, to show that he was wounded or injured as a result of enemy action and entitled to an award of the Purple Heart.

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

__mp___  __mb___  __jp____  DENY APPLICATION

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

INDEX

CASE ID	AR2002073518	
SUFFIX		
RECON		
DATE BOARDED	20030114	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.