MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 June 2000
	DOCKET NUMBER:   AR1999033733

	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
Mr. David H. Keller		Director
Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Curtis L. Greenway		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 during the winter of 1945-46, he came down with a severe case of dysentery.  After explaining the details of his illness, he goes on to say that during the assault on the Rhine River Crossing, he was wounded slightly on his left wrist due to a tree blast.  He said it was small and he was hurled 20 feet away, two other guys were hurt badly.  He sucked his wound clean and waved the medic away.  He is now 75 years old and wants to leave something to his children’s children.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records:

The applicant was inducted and entered active duty on 8 March 1943.  He served in the European Theater from 2 November 1944 to 12 January 1946 and participated in three campaigns.

He was discharged on 17 February 1946 as a result of demobilization.  His WD AGO Form 53-55 (Report of Separation), which he authenticated as correct with his signature, does not list the Purple Heart as an authorized award and item
34 (wounds received in action) states “none.”

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.

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 available records that indicates the applicant was ever wounded as a result of hostile action and is therefore not entitled to award of the Purple Heart.  The applicant’s separation documents do not support his request.

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.

3.  While it is unfortunate that the fire at the National Personnel Records Center in July 1973 may have caused the loss of any available medical documentation, it is equally unfortunate that the applicant waited 53 years after his separation to obtain the award.

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

__mdm__  __wtm___  __clg____  DENY APPLICATION

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

INDEX

CASE ID	AR1999033733	
SUFFIX		
RECON		
DATE BOARDED	20000627	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	142.00	
3.		
4.		
5.		
6.