MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           25 SEPTEMBER 2003                   
	DOCKET NUMBER:  AR2003084299

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Linda D. Simmons		Member	
	Ms. Regan K. Smith		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:  He sustained a shrapnel wound to his left thigh in April 1945 and was treated at the 100th General Field Hospital in France.  In support of his request he submits his self-authored statement and a December 2002 statement from his family physician.  The statement from the family physician indicates that the applicant has a scar on his left thigh that is “likely or not” associate with being wounded in Germany during World War II.  He notes that the scar is “consistent with bullet or shrapnel wound.”

EVIDENCE OF RECORD:  The applicant's military records were likely lost or destroyed during the 1973 fire at the National Personnel Records Center.  Information contained herein was reconstructed from alternative sources, including information provided by the applicant.

The applicant entered active duty on 5 March 1943 and served in the European Theater of Operations between March 1944 and October 1945.  The applicant also served for 12 months within the continental United States.  

The applicant states that while in Europe he was assigned to the 35th Tank Battalion of the 4th Armored Division.  However, his separation document indicates that he was assigned to the 16th Tank Battalion at the time of his separation from active duty on 22 October 1945.

There were no service medical records available to the Board, or provided by the applicant.  His War Department Adjutant General Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), which he authenticated, does not reflect entitlement to the Purple Heart, and item 34 (wounds received in action) reflects “NONE.”

A review of the historical files of the 4th Armored Division and the 100th General Field Hospital, maintained at the Achieves in College Park, Maryland, were reviewed, but failed to confirm that the applicant was wounded as a result of hostile action during World War II.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.

Although the statement submitted by the applicant’s family physician does indicate that the applicant has a scar on his thigh and that it is “consistent” with a shrapnel or bullet wound, there is no evidence confirming the source of the scar.

Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside the Continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

Army Regulation 600-8-22 also provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

The American Campaign Medal and the World War II Victory Medal were both omitted from the applicant’s separation document.

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 submitted by the applicant, or available to the Board, which confirms that the applicant was wounded as a result of hostile action during World War II.  

2.  Although the applicant’s family physician indicates that the scar of the applicant’s thigh is consistent with a bullet or shrapnel wound, the Board concludes that in the absence of more definitive evidence that the applicant was in fact wounded as a result of hostile action, there is insufficient evidence on which to base an award of the Purple Heart.

3.  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 that requirement.

4.  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.

NOTE:  Officials at the Army Review Boards Agency Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect award of the American Campaign Medal and the World War II Victory Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__JNS __  __LDS __  __RKS __  DENY APPLICATION

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

INDEX

CASE ID	AR2003084299	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030925	
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.	107.00	
2.		
3.		
4.		
5.		
6.