MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:    

		BOARD DATE:          30 September 2003                    
		DOCKET NUMBER:  AR2003084078

	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. Raymond J. Wagner		Chairperson	
	Mr. Melvin H. Meyer		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:  In effect, correction of his military records to show award of the Purple Heart.

APPLICANT STATES:  That he was wounded while on maneuvers in North Carolina on 27 November 1941.

EVIDENCE OF RECORD:  The applicant’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 of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) and copies of information derived from the hospital admission cards of the Office of The Surgeon General, commonly referred to as the "SGO Files.”

The available records show that the applicant was inducted on 8 March 1941 and completed training as a Radio Operator (High Speed).  He arrived in the European-African-Middle Eastern Theater of Operations on 7 January 1945.  The applicant returned to the United States on 19 November 1945, and was separated from the service on 24 November 1945.  His WD AGO Form 53-55 shows that he is entitled to the following awards: the Army Good Conduct Medal; the European-African-Middle Eastern Campaign Medal; the American Defense Service Medal; the American Campaign Medal; and, the World War II Victory Medal.

Item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-55, which is authenticated in his 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 applicant was awarded the Purple Heart and the applicant has not provided a copy of orders awarding him the Purple Heart.

There are no medical documents in the available records, to include the SGO Files, which show that the applicant was wounded, or treated for wounds, as a result of hostile action.

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

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

3.  There are no orders which awarded the applicant 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.

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

__mhm __  ____mvt_  ____rjw__  DENY APPLICATION

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

INDEX

CASE ID	AR2003084078	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030930	
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.		
2.		
3.		
4.		
5.		
6.