MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:     

		BOARD DATE:          23 OCTOBER 2003                    
		DOCKET NUMBER:  AR2003087486

	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:

	Ms. Joann H. Langston		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Arthur A. Omartian		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 was wounded by shrapnel during World War II and is receiving compensation from the Department of Veterans Affairs.  He maintains he should receive an award of the Purple Heart for his wounds and states that he “always assumed that the Purple Heart was on the discharge” until it was brought to his attention by his “post commander.”  In support of his request, the applicant submits copies of his separation documents and a copy of his 1960 Department of Veterans Affairs rating decision.

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 information provided solely by the applicant.

The applicant entered military service as a Philippine Scout in March 1941.  A War Department Adjutant General Form 53-33 (Enlisted Record and Report of Separation Honorable Service) indicates that he was discharged for the purpose of enlisting in the Army of the United States on 22 February 1945.  That document appears to be a reconstructed document as the document contains entries indicating that an original form was “/s/” (signed) with the applicant’s name.  That form does not reflect entitlement to the Purple Heart and item 34 (wounds received in action) reflects “not of record.”

A separation document issued on 2 August 1946 indicates the applicant was honorably discharged for the “convenience of the Government.”  That document, which was authenticated by the applicant, does not reflect entitlement to the Purple Heart, although it does reflect awards issued to the applicant during his initial period of military service between March 1941 and February 1945.  Item 34 (wounds received in action) reflects “not verified.”

The applicant served one additional period of military service between 19 August 1946 and 28 January 1947 when he was discharged for hardship reason.  The separation document, which the applicant authenticated, again reflects awards received during his prior periods of military service, but does not reflect award of the Purple Heart.  Item 34 (wounds received in action) on that document reflects “none.”

In 1961 the Department of Veterans Affairs granted the applicant a service connected disability rating for “SFW [shell fragment wound] of the left leg….”  

The rating decision noted that the applicant’s “service records are meager but it is believed that service connection is proper in view of the veteran’s POW status.”  

A statement rendered by the Department of Veterans Affairs in 1999 indicated that the records of that office “show that [the applicant] was a POW [prisoner of war] for 84 days in 1944.

The 1961 Department of Veterans Affairs rating document also notes that the applicant’s “discharge examination dated 6-25-46 lists a shrapnel wound of the left leg sustained in March 1942.”  The 1961 examination noted a 3 ½ by 1 ½ inch well healed scar over the mid-portion of the tibia of the left leg.  No other information concerning the source of the wound was contained in records available to the Board.

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.

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 notes that although the applicant’s various separation documents do reflect entitlement to several other decorations, none of those documents reflect entitlement to the Purple Heart and item 34, which would have contained information regarding and wounds received in action, contains such entries as “not of record, not verified, and none.”  The applicant authenticated each of those documents.

2.  While the applicant may have been granted a service-connected disability rating by the Department of Veterans Affairs, there is, unfortunately no evidence that confirms that the shrapnel entry on the applicant’s 1946 “discharge examination” was the result of hostile action during World War II.  In the absence of more conclusive evidence that the applicant’s wound was in fact incurred as a result of hostile action, the Board concludes there is insufficient evidence at this time 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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__JHL __  __MKP __  __AAO __  DENY APPLICATION

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

INDEX

CASE ID	AR2003087486	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031023	
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.