MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 April 2000                   
	DOCKET NUMBER:   AR1999033524

	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.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Kenneth L. Wright		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 a severe laceration to his right leg while a prisoner of war (POW).  He was hospitalized after about 5 days due to the injury.  He provides no supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center Fire in 1973.  The information contained herein was obtained from his Report of Separation.

The applicant was inducted into the Army on 27 August 1943.  He arrived in the European Theater of Operations on 16 April 1944.  He was captured by enemy forces on or about 7 July 1944 and was released on 17 April 1945.  He was discharged on 22 November 1945.

On 20 May 1988, the Army Reserve Personnel Center authorized issuance of the POW Medal to the applicant.

Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record. 

The National Defense Authorization Act for Fiscal Year 1996 authorized the award of the Purple Heart to persons wounded while held as POWs before       25 April 1962.  The provision extends the current criteria for the Purple Heart to former POWs that were held prior to 25 April 1962 and suffered wounds or injuries at the hands of their captors.  (Previously, only those who became POWs after 25 April 1962 and were wounded while prisoners of foreign forces could be awarded the medal.)

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.  While the evidence of record shows that the applicant was a POW, there is no evidence to show that he injured his leg while a POW or how that injury occurred and he provides no such evidence.  Such evidence would be corroborating statements from fellow POWs backed up by service medical records to show prior injury to his leg or contemporary VA records to show such an injury.  

2.  In view of the foregoing and without further corroboration, 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

___eb___  __tap___  __klw___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999033524	
SUFFIX		
RECON		
DATE BOARDED	20000427	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.