MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            27 June 2000                  
	DOCKET NUMBER:   AR1999034141

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	M . 		Chairperson	
	M . 		Member	
	M . 		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, award of the Purple Heart and correction to item 34 (Wounds Received in Action) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show that he received a shrapnel wound to his right tibia. 

APPLICANT STATES:  In effect, that he received a shrapnel wound to his right tibia during World War II.  He contends that he was afraid he would not be returned to duty with his outfit if he complained and was treated for this condition. In support of his application, he submits a copy of his WD AGO Form 53-55; a statement from the Battalion Surgeon of the 101st Signal Battalion at the time in question, dated 30 January 1981; a statement from a fellow soldier assigned to the medical detachment of the 101st Signal Battalion at the time in question, dated 19 September 1984; copies of two medical records dated 1999 which indicate the applicant sustained a shrapnel wound to his right tibia during World War II; and two statements from his civilian doctor dated 12 October 1998 and
13 July 1999 which indicate the applicant had a right leg injury during World War II.

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

The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant enlisted on 24 June 1940.  He served as a surgical technician in the Asiatic-Pacific Theater from 
21 December 1941 through 9 June 1945 and was separated with an honorable discharge on 29 June 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 WD AGO Form 53-55 states “None”.

There is no evidence in the available records which show the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.  

The applicant provided a statement, dated 30 January 1981, from the Battalion Surgeon of the 101st Signal Battalion at the time in question.  The Battalion Surgeon states that the applicant injured his leg during an air attack due to “movement about a crowded ship during the air attack.”  

The applicant also provided a statement, dated 19 September 1984, from a fellow soldier assigned to the medical detachment of the 101st Signal Battalion at the time in question.  The soldier claims that the applicant sustained puncture 

wounds to his lower right leg due to enemy action from air attack and beach fire during landing operations at Leyte Island during World War II.  The soldier also states that he and the Battalion Surgeon treated the applicant’s wounds and that the applicant refused evacuation and continued in combat.  The soldier states that he does not recall preparing any paperwork on the applicant’s injury because they were busy and had many injuries.  The soldier also attests that the applicant was slightly wounded a second time during an air attack in Okinawa and that this injury was also not reported.     

Army Regulation 600-8-22 (Military Awards) 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, it is concluded:

1.  Although the applicant contends that he sustained a shrapnel wound to his right tibia during World War II, there is no evidence of record which shows the applicant was injured or treated for wounds sustained as a result of hostile action.    

2.  The applicant signed his WD AGO Form 53-55 attesting to the fact he was not entitled to the Purple Heart.

3.  The Board noted the two eyewitness statements provided with his application. However, these statements, made over 35 years after the fact, are not sufficient by themselves as a basis for award of the Purple Heart in view of evidence of record which shows the applicant was not wounded.  Therefore, the applicant is not entitled to correction of his WD AGO Form 53-55 to show award of the Purple Heart or correction to item 34 (Wounds Received in Action).

4.  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.

5.  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:

MDM____  WTM___  CLG_____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR1999034141	
SUFFIX		
RECON		
DATE BOARDED	20000627	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19450629	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Convenience of the Government RR1-1 (Demobilization)	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.