MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           23 January 2003    
	DOCKET NUMBER:   AR2002073858

	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. Kathleen A. Newman		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Patrick H. McGann		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 on 25 April 1945 in Germany.  He contends that he was hit with three pieces of shrapnel in his right hip, that he was not incapacitated and that he was not treated by a medic.  In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); a copy of his WD AGO Form 100 (Separation Qualification Record); an undated letter of explanation; an itinerary of the Battalion Headquarters 133d Engineer Combat Battalion; an excerpt of the unit’s history; and photographs of bridges.   

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 30 December 1942.  He served as a surveyor in the European Theater of Operations from 17 April 1944 until approximately 
14 December 1945 and was honorably discharged on 21 December 1945.   

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 his 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.

There are no medical records in the available records.

The historical files of the 133rd Engineer Combat Battalion located at the National Archives in College Park, Maryland, failed to identify the applicant as being entitled to award of the Purple Heart.  There were no orders for the Purple Heart and a review of the unit’s personnel losses/wounded in action for the month of April 1945 did not contain the applicant’s name.    

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 wounded on 
25 April 1945 in Germany.

2.  There is no evidence in the available records which shows that he was wounded or injured as a result of hostile action during World War II.

3.  The applicant signed his discharge document on 21 December 1945 attesting to the fact that he was not wounded in action and was not entitled to award of the Purple Heart.

4.  Based on the foregoing, the Board determined that there is insufficient evidence upon which to base award of the Purple Heart in this case.

5.  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.

6.  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

KAN____  GJW____  PHM_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002073858	
SUFFIX		
RECON		
DATE BOARDED	20030123	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.