MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:   

		BOARD DATE:          28 October 2003                   
		DOCKET NUMBER:  AR2003086827

	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	
	Ms. Linda D. Simmons		Member	
	Ms. Marla J. Troup		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:  Correction of his military records to show award of the Purple Heart.

APPLICANT STATES:  That he was not awarded the Purple Heart as a result of shrapnel wounds received in combat at Guadalcanal.  In support of his request, the applicant has submitted a newspaper article from the Reno Gazette-Journal, Reno, Nevada, dated 24 June 1988, a hand written statement from a fellow member of his unit during World War II, and a biographical sketch of his life, written approximately seven years ago (sketch is undated).

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 a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty).

The available records show that the applicant enlisted in the Army on 12 July 1940 and completed training in Military Occupational Specialty 641 (Field Lineman).  He arrived in the Asiatic-Pacific Theater of Operations on 17 February 1942.  The applicant returned to the United States on 6 November 1944 and was again assigned to the Asiatic-Pacific Theater on 2 February 1945, serving in the 97th Field Artillery Battalion.  The applicant completed his tour, returning once again to the United States on 18 July 1945 and separating from the service on 27 August 1945.  His WD AGO Form 53-55 shows that he is entitled to the following awards: the Army Good Conduct Medal; the Asiatic-Pacific Campaign Medal with three bronze service stars; the American Defense Service Medal; and the Philippine Liberation 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 which would 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.

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 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.

Army Regulation 600-8-22 provides, in pertinent part, that the Philippine Republic Presidential Unit Citation was awarded to certain units of the Armed Forces of the United States in recognition of participation in the war against the Japanese Empire during the periods 7 December 1941 and 10 May 1942, inclusive, and 17 October 1944 to 4 July 1945, inclusive.  Not more than one Philippine Republic Presidential Unit Citation will be worn by an individual and no oak leaf cluster or other appurtenance is authorized.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates that the 97th Field Artillery Battalion was awarded the Philippine Republic Presidential Unit Citation by Department of the Army General Order Number 47-50.

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.

7.  The Board noted the applicant’s entitlement to the American Campaign Medal, the World War II Victory Medal, and the Philippine Republic Presidential Unit Citation and determined that his records should be corrected administratively.

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

NOTE:  The Board requests that the Army Review Boards Agency (ARBA), Support Division, St. Louis, administratively correct the records of the individual concerned to show that he was awarded the American Campaign Medal, the World War II Victory Medal, and the Philippine Republic Presidential Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__mjt ___  ___lds ___  ____rjw_  DENY APPLICATION

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

INDEX

CASE ID	AR2003086827	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031028	
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.