MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          15 July 2003        
	DOCKET NUMBER:  AR2003084829

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Eric N. Andersen		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:  Reconsideration of his earlier appeal to correct his military records by awarding him the Purple Heart.

APPLICANT STATES:  In effect, that in 1955 during a routine medical examination a piece of shrapnel was discovered in the lining of his stomach.  He states that he was a combat medic during World War II, that he was involved in many front line operations and that he could have been wounded without noticing it.  He points out that he is aware of the requirements of Army Regulation 600-8-22 (Military Awards) for award of the Purple Heart (treatment by a medical officer and made a matter of official record).  However, he argues that a wound discovered after discharge could not have been made a matter of official record.  He also states that it was very possible for one to receive a wound during combat conditions that did not require treatment by a medical officer.  He also indicates that he treated many soldiers during combat conditions that did not require a medical officer. 

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in the Memorandum of Consideration prepared to reflect the consideration of Docket Number AC97-08998 by the Army Board for Correction of Military Records (ABCMR) on 18 March 1998.

The applicant submits a statement, dated 6 March 2000, from his platoon commander at the time in question.  The platoon commander attests that the applicant was assigned to his platoon as platoon medic and that during 
22 November 1944 to 2 May 1945 they were involved in many frontline operations.

The applicant submits a Radiographic Report, dated 9 July 1998, which indicates there is a linear foreign body in the left side of the applicant's abdomen.

The applicant submits a copy of an x-ray which illustrates the alleged shrapnel imbedded in the applicant's stomach lining. 

The applicant also submits orders for the Bronze Star Medal and the Combat Medical Badge.  However, this evidence was previously considered by the ABCMR on 18 March 1998. 

The statement provided by the applicant's platoon commander, the Radiographic Report and the x-ray are new evidence and will be considered by the Board.

There is no evidence in the available records which shows the applicant was wounded or treated for wounds as a result of hostile action during World War II.

The applicant's service medical records are not available.

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 statement provided by the applicant's platoon commander at the time in question.  However, this statement does not indicate that the applicant was wounded in action during World War II.

2.  The Board considered the Radiographic Report and the x-ray provided in support of the applicant's claim for award of the Purple Heart.  However, there is no evidence that the foreign body in the applicant's abdomen was the result of hostile action during World War II.

3.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or injured 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.  After review of all the evidence in this case and the latest submissions this Board concluded the applicant has presented no argument or evidence which is sufficient to reverse the previous decision rendered by the ABCMR in AC97-08998 on 18 March 1998.

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.
7.  The Board notes that the applicant is eligible for award of the European-African-Middle Eastern Campaign Medal with two bronze service stars and the Bronze Star Medal (based on award of the Combat Medical Badge).  The Army Review Boards Agency (ARBA), Support Division, St. Louis, will be directed to correct the applicant's records.  

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  Request that the Army Review Boards Agency (ARBA), Support Division, St. Louis, furnish the applicant a DD Form 215 (Correction to WD AGO Form 53-55) to show in item 33 (Decorations and Citations) that he was awarded the European-African-Middle Eastern Campaign Medal with two bronze service 
stars and the Bronze Star Medal (based on award of the Combat Medical Badge).    

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

FNE____  MVT____  ENA_____  DENY APPLICATION

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

INDEX

CASE ID	AR2003084829	
SUFFIX		
RECON	Yes	
DATE BOARDED	20030715	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.