MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:             20 June 2000                  
	DOCKET NUMBER:     AR1999030319

	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	
	M .Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Van B. Cunningham		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ernest W. Lutz, Jr.		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 while serving as a lieutenant, U.S. Army, he was struck in the left foot by bomb blast fragments, during a battle in World War II.  The battle occurred in late 1943 or early 1944.  He is aware of another soldier who suffered a similar injury, was treated by a medic who then treated him.  The medic told him he was sure the applicant’s foot was broken. The applicant did not want to leave his unit so he sought no further treatment.  He was not awarded the Purple Heart, but the other soldier did receive the award.

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

The applicant entered the military service 1 August 1938.  He served as an enlisted soldier and commissioned officer in the regular or reserve components of the U.S. Army Air Corps, the U.S. Air Force and the U.S. Army.  On 18 February 1943 he completed the Anti-Aircraft Artillery Officer candidate school and was appointed a second lieutenant, Army of the United States.  He continued to serve in the Army until 5 October 1948, whereupon he transferred his commission to the U.S. Air Force Reserve.  He later enlisted in the Regular Army serving until his retirement on 31 August 1973, at the rank of sergeant first class.  His records show he served overseas in Panama, Hawaii, Korea Germany and Italy.

His records do not contain a WD AGO Form 53 (Report of Separation) for his World War II service.

The DD Form 214 issued upon the applicant’s retirement reflects he was awarded the Good Conduct Medal with Bronze Clasp with 2 loops, and the Army Commendation Medal.  There is no award of the Purple Heart listed and the     DD Form 214 is signed by the applicant.

On 27 August 1986, the U.S. Army Personnel Center notified the applicant that his request for the special award of the Bronze Star Medal for his actions during World War II was denied.

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 the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

Army Regulation 600-8-22 provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

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 Purple Heart is not awarded for all injuries that occur in combat.  The governing regulation points out that the wound must have been sustained as a result of hostile action, required treatment by a medical officer and the medical treatment must have been made a matter of official record.  The applicant has not provided such medical evidence to support his application.

2.  The applicant hindered his claim by waiting almost 57 years to request the award of the Purple Heart.  This passage of time has lead to the unknown whereabouts and passing of his former leaders and the difficulty of finding records.  The absence of medical records specifically prevents the verification of the applicant’s scenario of events.  Therefore, his request must be denied.

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 satisfies 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.

NOTE:  The applicant’s records reflect that he served in Korea from 1950 to 1952 and had a total of four overseas assignments.  He is therefore, entitled to be awarded the Korean Service Medal, and the National Defense Service Medal. Accordingly, the Army Review Board Agency, Support Division St. Louis will be requested to correct his separation form to reflect those awards.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___vbc___  ___jea__  ___ewl   _  DENY APPLICATION

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

INDEX

CASE ID	AR1999030319	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000620	
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.