MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:   

		BOARD DATE:          23 September 2003                   
		DOCKET NUMBER:  AR2003086811

	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:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Patrick H. McGann		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 when an enemy shell exploded while he was hooking up a combat wrecker to a disabled vehicle at the front line. In support of his request, the applicant has submitted a statement from a former member of his unit.  The statement, in effect, recounts an incident during the Battle of The Bulge, wherein the applicant returned from the front line wearing a bandage over his eye.

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 primarily of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), WD AGO Form 100 (Separation Qualification Record), and his Department of Veterans Affairs (DVA) Medical File which contained parts of the applicant's service medical records.

The available records show that the applicant was inducted on 8 June 1942 and completed training as a Heavy Truck Driver.  He arrived in the European-African-Middle Eastern Theater of Operations on 25 September 1943.  The applicant participated in five campaigns, returning to the United States on 27 October 1945, and was separated from the service on 13 November 1945.  His WD AGO Forms 53-55 and 100 show that he is entitled to the following awards: the Combat Infantryman Badge; the Army Good Conduct Medal; the European-African-Middle Eastern Campaign Medal with five service stars (Rhineland, Northern France, Ardennes, Normandy, and Central Europe Campaigns); 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 Office of The Surgeon General Files, commonly referred to as 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.  The Board considered the witness statement submitted by the applicant’s former unit member and determined that the statement does not contain sufficient evidence to justify award of the Purple Heart.

5.  Based on the foregoing, the Board determined that there is insufficient evidence upon which to base award of the Purple Heart.

6.  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.

7.  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

___jlp____  ____aao_  ___phm_  DENY APPLICATION

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

INDEX

CASE ID	AR2003086811	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030923	
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.