MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            26 AUGUST 2003                  
	DOCKET NUMBER:   AR2003088187

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Robert L. Duecaster		Member	
	Ms. Marla J. N. 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:  Award of the Purple Heart.  

APPLICANT STATES:  The application to this Board appears to have been made by the daughter of a World War II Army veteran on his behalf.  Nonetheless, it is signed by that former soldier, and, consequently, he is considered the applicant.  Documents, which are delineated in the evidence of record, are enclosed to show that he is entitled to award of the Purple Heart.        

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

A copy of a daily sick report of Headquarters Battery, 398th AAA AW Battalion shows that the applicant was taken sick on 17 March 1945 and returned to duty that same day.  A copy of a daily sick report for 12 January 1945 shows that the applicant was taken sick on that date and hospitalized.

A morning report of the above mentioned unit, which appears to be dated          14 January 1945, shows that the applicant was transferred to the 11th Evacuation Hospital on 12 January 1945.

An Admission and Disposition Report of the 11th Evacuation Hospital stationed in Lorquin, France for 12 January 1945 shows that the applicant was admitted because of a contusion to his right hand. 

The applicant's Honorable Discharge Certificate (WD AGO Form 53-55) shows that he was inducted into the Army on 26 March 1943, served in the European Theater of Operations from June 1944 to February 1946 during World War II, and was discharged at Camp Atterbury, Indiana on 25 February 1946.  He was awarded the European-African-Middle Eastern Theater Ribbon with three bronze service stars, the American Theater Ribbon, the Good Conduct Medal, and the World War II Victory Medal.  It does not show award of the Purple Heart.  Item 34 of that certificate, Wounds Received in Action, shows the word, "NONE."

On 12 October 1999 the World War II applicant requested a copy of his medical records from St. Louis, stating that he was wounded in January 1945 and spent time in the 12th General Hospital in Besos, France, and was then transferred to Kennedy Hospital in Memphis, Tennessee.

Army Regulation 600-8-22 provides 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 evidence shows that the applicant was admitted to a hospital in France on 12 January 1945 because of a contusion to his right hand.  There is no evidence concerning the circumstances of his injury.  

2.  Notwithstanding the applicant's contention, evidence is lacking to show that he was wounded in action.  There is insufficient evidence to grant the award of the Purple Heart.

3.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

4.  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.

5.  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

__RJW__  __RLD __  __MJNT _  DENY APPLICATION

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

INDEX

CASE ID	AR2003088187	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030826	
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.