MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            6 November 2003
	DOCKET NUMBER:   AR2003090265

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Mae M. Bullock		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 item number 34 (Wounds Received In Action) on his Enlisted Record and Report of Separation (WD AGO Form 53-55) be corrected to show that he was wounded in action.  He states that while he was in the Army, he lost his hearing when his tank was blown up.

APPLICANT STATES:  That he was reviewing his paperwork and realized that item number 34 on his DD Form 214 was incorrect because he was wounded in action.  In support of his application, he submits copies of medical records that are currently maintained in his Official Military Personnel File.

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

He entered on active duty on 1 December 1942, and he successfully completed his training as a tank mechanic.

A review of the available records shows that while the applicant was in the Army, he was treated on several occasions for cellulitis of his left hand ring finger and that he was tested for hearing loss.  Hospital records show that prior to his discharge his finger healed and that he had no loss of hearing.  However, the records fail to show that he was wounded in action while he was in the Army.

He was honorably discharged on 24 January 1946.  The WD AGO Form 53-55 that he was furnished at the time of his discharge was authenticated by him and shows that he received no wounds in action while he was in the Army.

On 8 January 1997, this Board denied the applicant’s request for award of the Purple Heart in Army Board for Correction of Military Records (ABCMR) Memorandum of Consideration number AC96-10269.

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.  There is no evidence in the available records that substantiates the applicant’s contention that he was injured in action while he was in the Army.

2.  The evidence of record clearly shows that he was treated for cellulitis of the left hand ring finger and that he was tested and found to have no loss of hearing at the time of his discharge.  He signed his WD AGO Form 53-55 indicating that he was not injured in action while he was on active duty.  Therefore, his WD AGO Form 53-55 is correct as currently reflected and there is no evidence of record that would suggest otherwise.

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 this 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

___mb __  __sk ____  __rjw ___  DENY APPLICATION

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

INDEX

CASE ID	AR2003090265	
SUFFIX		
RECON		
DATE BOARDED	2003/11/06	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/SEPARATION DOCUMENTS	
2.		
3.		
4.		
5.		
6.