MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            17 June 2003
	DOCKET NUMBER:   AR2003083538

	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. Richard P. Nelson.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Hubert O. Fry		Member	
	Ms. Maria J. Troup		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:  In effect, that the records of her late husband, a former service member (FSM), be corrected to reflect one wound received in combat and award of the Purple Heart as a result of that wound.

APPLICANT STATES:  That the FSM was not given a physical upon his separation from active duty after World War II.  As a result, a shrapnel wound to his left shoulder was not indicated on his discharge papers.

EVIDENCE OF RECORD:  The FSM’s military records show:

The FSM’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and consist primarily of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) and copies of documents from his Department of Veterans Affairs (DVA) Medical File.

The available records show that the FSM was inducted on 10 September 1942.  He served as an infantryman with the 315th Infantry Regiment in the European-African-Middle Eastern Theater of Operations from 24 May 1944 to 14 April 1945.  The FSM was honorably separated from active duty on 6 November 1945.

Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55, authenticated in the FSM’s own hand, does not show entitlement to award of the Purple Heart.  Item 34 (Wounds Received in Action) of the WD AGO Form 53-55 contains the entry, "None."

There are no orders in the available records which show that the FSM was awarded the Purple Heart and the applicant has not provided a copy of orders awarding the Purple Heart to the FSM.

Item 27 (Residuals of gunshot wounds and other injuries) of Veteran’s Administration (VA) Form 2545 (Report of Physical Examination), dated 17 April 1947, shows that the examining official noted “There is a small superficial shrapnel wound scar over the posterior aspect of left shoulder.  No complaints relative to this scar.” 

VA Form P-80c (Award of Disability Compensation Service Connected), dated 25 July 1947, shows that the FSM was awarded a 10 percent disability rating by the VA for the following conditions: “Nervousness; Scar, shell fragment wound, incurred in service no percent disabling.”

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 request for award of the Purple Heart to the FSM and noted the applicant's description of the FSM’s wounding.  

2.  There are no orders which awarded the FSM the Purple Heart.

3.  There are no military medical records that show the FSM was wounded, or treated for wounds, as a result of hostile action.

4.  The FSM authenticated his WD AGO Form 53-55, which did not show award of the Purple Heart or wounds sustained in action.

5.  The Board noted the examining official’s comment on the VA Form 2545, pertaining to the FSM, which states “There is a small superficial shrapnel wound scar over the posterior aspect of left shoulder.”  However, this record, prepared after the fact, is insufficient by itself for an award of the Purple Heart, particularly in view of the military records which show the FSM was not wounded and was not awarded the Purple Heart.

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

___FNE__  __HOF__  __MJT__  DENY APPLICATION

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

INDEX

CASE ID	AR2003083538	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030617	
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.	107.0015.0000	
2.		
3.		
4.		
5.		
6.