MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            6 April 2000                  
	DOCKET NUMBER:   AR1999030188

	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.

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. James E. Anderholm		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 items 33 (Decorations and Citations) and 
34 (Wounds Received in Action) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) with an effective date of 13 December 1945 be corrected to show that he was awarded the Purple Heart for wounds sustained in Italy in 1944/1945.

APPLICANT STATES:  In effect, that items 33 and 34 of his discharge document with an effective date of 13 December 1945 do not show that he was awarded the Purple Heart or that he sustained a head injury and shrapnel wound to his left forearm.  In support of his application, he submits copies of two WD AGO Forms 53-55; a letter of explanation dated 11 August 1999; a copy of WD AGO Form 
38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement) dated 4 March 1947; a copy of his appeal to the VA dated 7 August 1999 wherein he claims he sustained a gunshot wound to his right wrist, a shrapnel wound to his left forearm and a head injury due to falling debris from mortar fire during 1944-1945 in Italy; a copy of DA Form 1577 (Authorization For Issuance of Awards) dated 29 April 1997; a copy of a citation for award of the Bronze Star Medal; and a photograph of seven medals (Purple Heart, American Campaign, World War II Freedom Medal, Army of Occupation (Germany), Good Conduct Medal, Combat Infantryman Badge, Bronze Star Medal and the European-African-Middle Eastern Campaign) which the applicant contends are his service medals that he earned during World War II.     

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

The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant enlisted on 
23 November 1943.  He served as a mail clerk in the European-African-Middle Eastern Theater from 23 December 1944 through 26 July 1945 and was honorably discharged on 13 December 1945.  He immediately reenlisted on 
14 December 1945, served as a bandsman (saxophone) and was honorably discharged on 14 March 1947.  

The applicant’s discharge document with an effective date of 13 December 1945, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received in Action) of the discharge document shows “None”.

There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.

His records contain WD AGO Form 8-24 (Medical Record), dated 25 October 1945, which shows “History of slight swelling over right eye of six months duration after being hit by a rock in Italy.”  Evidence of record shows that on 
12 December 1945 the applicant underwent his initial separation physical examination which makes no mention of any wounds sustained as a result of hostile action.  Item 11 (List All Significant Diseases, Wounds and Injuries) of his report of physical examination shows “None”. 

The applicant provided a copy of his second WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), dated 4 March 1947, which shows “Injury to head, April 1945” in item 11 (List All Significant Diseases, Wounds, and Injures).  There is no evidence this head injury was the result of hostile action during World War II.

Army Regulation 600-8-22 (Military Awards) 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 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 Board noted the applicant’s contention that he sustained injuries (head injury, shrapnel wound to left forearm and gunshot wound to right wrist) during World War II.  However, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds due to hostile action.   

2.  Evidence of record shows the applicant signed his WD AGO Form 53-55 with an effective date of 13 December 1945 attesting to the fact he was not entitled to award of the Purple Heart.  

3.  The preponderance of evidence in this case shows he was not wounded by hostile action or otherwise entitled to the Purple Heart.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart.

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 the aforementioned 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

JNS____  EMW ____ JEA ____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030188	
SUFFIX		
RECON		
DATE BOARDED	20000406	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19470314	
DISCHARGE AUTHORITY	AR 615-360  .  .  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.