MEMORANDUM OF CONSIDERATION

		IN THE CASE OF

		BOARD DATE:          23 OCTOBER 2003                    
		DOCKET NUMBER:  AR2003088363

	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:

	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:  That his record be corrected to show award of the Purple Heart.  

APPLICANT STATES:  That he received the Purple Heart in 1953 for shrapnel injuries to both legs.

The applicant submits a copy of a National Guard Bureau Form 22 (Report of Separation and Record of Service) showing that he had enlisted in the Army National Guard on 18 April 1979 and was discharged on 8 April 1990.  That document shows that the applicant had received three awards of the NCO Professional Development Ribbon and two awards of the National Defense Service Medal.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant's 25 October 1988 Army National Guard Retirement Points History Statement show that he entered the service on 23 January 1949 serving on active duty in the Navy from 1950 to 1954.  That statement shows service both as a member of the Reserve Components and on active duty thereafter.

The applicant's DD Form 214 (Report of Transfer or Discharge) shows that he was discharged from the Navy on 13 March 1969.  That form shows that he was awarded the second award of the National Defense Service Medal.  It does not show award of the Purple Heart.

A 14 November 1973 statement of service shows that the applicant served in the Army National Guard from 23 January 1949 to 30 October 1950, in the Navy from 1 November 1950 to 10 August 1950, in the Army National Guard again from 20 June 1955 to 1 February 1956, in the Navy from 25 June 1960 to           13 March 1969, and in the Navy Reserve for six years beginning in August 1972.  
The applicant enlisted in the Army National Guard on 18 April 199.  He was transferred to the Retired Reserve on 8 April 1990. 

The applicant's record of his Navy service in the 1950s and the 1960s, other than as indicated above, is not available to the Board. 

In a 13 May 1980 report of medical history the applicant did not indicate that he had been wounded in action or that he had any injuries to his legs, only indicating that he sustained a broken arm in 1939.  He completed a report of medical history on 9 December 1985 and again on 21 November 1989.  He did not indicate in those reports of any wounds or injuries to his legs.  The applicant's medical records do not show that he had been wounded in action, or that he had any injuries to his legs.
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.  Unfortunately, the applicant's record of his Navy service is not available to the Board; nonetheless, there is no evidence, and the applicant has not submitted any to show that he was wounded in action, or that he was awarded the Purple Heart.  The applicant's available medical documents, some of which he completed, fail to indicate that he had been wounded in action or that he sustained any injuries to his legs, as he contends. 

2.  There is insufficient evidence to correct the applicant's records to show award of the Purple Heart.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

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	AR2003088363	
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.	110.00	
2.		
3.		
4.		
5.		
6.