MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:      

		BOARD DATE:           21 October 2003 
		DOCKET NUMBER:  AR2003088875

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Frank C. Jones		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 he be awarded the Purple Heart.

APPLICANT STATES:  That he received wounds from a right leg injury on 18 July 1944, while stationed in Carentan, France with the 4264th Quartermaster Truck Company.  In support of his application he submits a copy of his report of separation (WD AGO Form 53-55) and his approved claim for a disability pension from the Department of Veterans Affairs (VA). 

EVIDENCE OF RECORD:  The applicant's military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records.  However, his WD AGO Form shows:

He was inducted on 17 September 1943 and entered active duty in Utica, New York, on 8 October 1943.  He completed his training as a light truck driver and was transferred to the European Theater of Operations (ETO) on 21 May 1944.  He was advanced from the rank of private first class (PFC) to the rank of Technician fifth class (TEC 5) on 31 December 1945.

He served in the Ardennes, Central Europe, Normandy, Northern France and Rhineland campaigns and was returned to the United States on 28 January 1946.

On 5 February 1946, he was honorably discharged in the rank of TEC 5, at Fort Dix, New Jersey.  He had served 2 years, 2 months and 10 days of total active service.  His WD AGO Form 53-55 indicates in block 34 "Wounds Received in Action", that he had "None".  The applicant authenticated this form at the time of his discharge.

The VA document submitted by the applicant with his application indicates that the applicant's claim for a disability pension was approved on 1 February 1984 for service connection for scars.

A review of the reconstructed records shows that for the past 20 years, the applicant had made several inquiries attempting to obtain medical records to document his claim for entitlement to the Purple Heart.  In April 1990, a search of morning reports, situation reports and hospital admission files for a 6-month period was made of the applicant's unit and that search contained no entries to verify the applicant's claim.

Army Regulation 600-8-22 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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was 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.  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.

2.  While the Board regrets that the applicant's records were destroyed in the 1973 fire at the National Personnel Records Center, there is no evidence present for the Board to review to determine if in fact that applicant was wounded as a result of enemy action and that the medical treatment was made a matter of record. 

3.  Inasmuch as the applicant authenticated his report of separation at the time of discharge, indicating that he had no wounds received in action, the Board must presume in the absence of evidence to the contrary that such was the case.

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

___fcj___  __wdp___  __mm___  DENY APPLICATION

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

INDEX

CASE ID	AR2003088875	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/10/21	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  107.0015	61/PH	
2.		
3.		
4.		
5.		
6.