MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 July 2003                   
	DOCKET NUMBER:   AR2003084094

	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. Joann Langston 		Chairperson	
	Ms. Regan K. Smith 		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:  In effect, award of the Purple Heart.

APPLICANT STATES:  In effect, that he is entitled to award of the Purple Heart because the ward officer of the 9th General Hospital in Okinawa transmitted a certificate for award of the Purple Heart on 22 December 1945.  In support of his application, he submits a preprinted form from the 9th General Hospital in Okinawa.

EVIDENCE OF RECORD:  The applicant's military records have been lost or destroyed.  This case is being considered using reconstructed records.  The applicant's reconstructed records consist primarily of the WD AGO Form 53-55 (Enlisted Record and Report of Separation), WD AGO Form 100 (Separation Qualification Record) and service medical records.

The applicant's reconstructed records show the applicant was inducted on 
23 January 1945.  He served as a shipmaster in the Asiatic-Pacific Theater of Operations from 16 October 1945 through 3 January 1946 and was honorably discharged on 15 August 1946.

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.

The applicant's service medical records show that he was hospitalized in December 1945 in Okinawa for a skin condition on his right thigh, cause undetermined. 

Item 11 (List all significant diseases, wounds and injuries) of the applicant's WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement) shows the entry, "DERMATITIS, RIGHT LEG, DEC 45, 9TH GEN HOSP, OKINAWA."   

In support of his claim for award of the Purple Heart, the applicant submitted a preprinted form from the 9th General Hospital in Okinawa which shows that he was diagnosed with Erythema (redness of skin) Multiforme (occurring in several forms) Centrifugia (moving away from a center), right thigh, cause undetermined, severe.  This preprinted form contains Section I (Confirmation of Diagnosis), Section II (Additions or Changes of Diagnosis), Section III (Hereby transmitted is Certificate for PURPLE HEART) and Section IV (Ward and Transfers).  It is clear that Section III is blank on this preprinted form.  Also, there is a check mark next to Section III on this preprinted form.
There is no check mark next to Section III on the preprinted form contained in the applicant's available records.  

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 is entitled to award of the Purple Heart because the ward officer of the 9th General Hospital in Okinawa transmitted a certificate for award of the Purple Heart on 22 December 1945.  The Board also reviewed the preprinted form provided in support of his claim.  However, it is clear that Section III on this preprinted form is blank.  Also, the Board notes that the preprinted form contained in the applicant's available records does not contain a check mark next to Section III.    

2.  Medical evidence of record shows the applicant was hospitalized for a skin condition on his right thigh in December 1945, not as the result of hostile action.

3.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was injured or treated for wounds sustained as a result of hostile action during World War II.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

4.  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.

5.  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

JL_____  RKS_____  JTM_____  DENY APPLICATION

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

INDEX

CASE ID	AR2003084094	
SUFFIX		
RECON		
DATE BOARDED	20030717	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.