MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:           1 March 2000
	DOCKET NUMBER:  AR1999034071

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Melinda M. Darby 		Member	
	Mr. John Saputo		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:  Correction of his records to show award of the Purple Heart.

APPLICANT STATES:  In effect, that he was never awarded the Purple Heart for wounds received in combat in December 1944.  He submits a portion of an “After-Action-Report” dated December 1944, a statement written in his own behalf, and statements that were written by his company commander and two other servicemen recalling what they remember about the injury that he received during World War II.  

EVIDENCE OF RECORD:  Show that the applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  The facts used in this review are based on documents that the applicant provided and are limited to his separation papers and letters that were written more than 50 years after the incident occurred.

The applicant was inducted into the Army of the United States on 23 May 1943, he completed basic and advanced individual training and was awarded military occupational specialty (MOS) 601 (Machine Gunner).  He was honorably discharged on 1 February 1946.

His WD AGO Form 53-55 (Honorable Discharge) shows that he was awarded the Bronze Star Medal, the American Campaign Medal with three bronze service stars, the Good Conduct Medal, the World War II Victory Medal and the European African Middle Eastern Campaign Medal (with three bronze service stars).

The WD AGO Form 53-55 does not show that the applicant is entitled to award of the Purple Heart and Item 24 (Wounds Received in Action) is marked “NONE.”

The company commander contends in his letter with the application that on 
21 December 1944, the applicant was injured when a tracked vehicle overturned.  He contends that the applicant was taken to a field hospital and that he was treated for his wounds and it was at this time that the applicant was told he would receive the Purple Heart.  The two additional letters support the commanders contention that the applicant was injured when a tracked vehicle overturned.  The “After-Action-Report” also states that a tracked vehicle overturned, but it does not state who was injured or that the incident was a result of enemy 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.  Sustaining 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 the 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.  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.

2.  There is no evidence of record which shows that the applicant was treated for wounds 
or an injury received as a result of a hostile force.  The statements that were provided by other service members who were present at the time of the incident only indicates that the injury the applicant sustained was the result of a tracked vehicle overturning, but no indication that the unit was under attack by an enemy force.

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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__gdp___ __mmd__  __js_____  DENY APPLICATION

						
						Karl F. Schneider
						Director, Army Review Boards Agency

 

INDEX

CASE ID	AR1999034071	
SUFFIX		
RECON		
DATE BOARDED	20000301	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19460201	
DISCHARGE AUTHORITY	AR615-365  	
DISCHARGE REASON		
BOARD DECISION	(NC)	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.