MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:               3 May 2000
	DOCKET NUMBER:      AR1999032549

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John H. Kern		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:  In effect, that he be award the Purple Heart for injuries he suffered during World War II.

APPLICANT STATES:  In effect, that after World War II, his unit was relocated to Bamberg, Germany on the Czechoslovakian Border, and was later assigned to Salzburg, Germany.  He was subsequently reassigned to Innsbruck, Austria, where his injuries occurred.  He also states that he did not know exactly what happened; however, he woke up in a field hospital located in that area.  He further states that a medical corpsman came to his bunk and asked if he received the Purple Heart, and he replied “no” and the medical corpsman replied back by saying, ”well you have one now”.  He concluded by stating that he in return replied to the medical corpsman by stating “but I have not been shot” and the medical corpsman replied “that it did not matter”.

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

The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 9 April 1941 as a warehouse
fireman in military occupational specialty (MOS) 252.  He served in the European-African-Middle Eastern Theater of Operations from 6 April 1944 to 19 October 1945 and was honorably discharged on 11 November 1945.

The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) does not show the Purple Heart as an authorized award.  

Item 34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-55, which was authenticated in his own hand, shows the entry “None”.  There is no record that the applicant was awarded the Purple Heart.  There also is no indication that he was wounded as a result of hostile action.

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, 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, and it is concluded:

1.  The Board noted the applicant’s contention that he received injuries in Innsbruck, Austria after World War II.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injuried or wounded due to hostile action during World War II in Innsbruck, Austria.  Therefore, he is not entitled to award of the Purple Heart.

2.  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.

3.  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:

RVO____  JHK_____  EWL____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

						Karl F. Schneider
			               Director, Army Review Boards Agency

INDEX

CASE ID	AR1999032549	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000503	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451111	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61		
2.		
3.		
4.		
5.		
6.