MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            8 August 2000                  
	DOCKET NUMBER:    AR1999034771

	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	
	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ronald E. Blakely		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 his separation document (WD AGO Form 53-55) be corrected to reflect he was wounded in action.

APPLICANT STATES:  That his WD AGO Form 53-55 shows the entry “none” in block 34 (wounds received in action) and should show the entry one.  He contends that he was wounded in action.

In support of his request, he has provided a copy of his WD AGO Form 53-55, and a copy of a newspaper article, which states that he was slightly wounded in action in the Philippines during World War II.

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

He was inducted on 15 July 1943 and served in the Asiatic-Pacific Theater of Operations from March 1944 to December 1945.  He was honorably discharged at demobilization on 15 December 1945 in the grade of staff sergeant.

His awards include the Bronze Star Medal, the Good Conduct Medal, the Presidential Unit Citation, the Asiatic-Pacific Campaign Medal with 4 Bronze Service Stars, the World War II Victory Medal, the Army of Occupation Medal (Japan), the Combat Infantryman Badge, the Philippine Liberation Ribbon, the World War II Honorable Service Lapel Button, the Marksman Badge with Rifle Bar and the Republic of the Philippines Presidential Unit Citation Badge.

The undated and unidentified newspaper article submitted by the applicant claims that the War Department notified his parents that he was slightly wounded in action in the Philippines in February.  The article provides no further elaboration as to the date and/or circumstances of the injury.

His WD AGO Form 53-55 does not reflect the Purple Heart as an authorized award and block 34 of the form indicates that he did not suffer any combat related wounds during his service.

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 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.  In the absence of documentation describing the date, location and circumstances of his wounds the Board cannot make a determination whether or not his injury meets the criteria for award of the Purple Heart.  The newspaper article does not provide sufficient evidence to make such a determination.

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 satisfies this 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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___sk___  ___jea___  ___reb __  DENY APPLICATION

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

INDEX

CASE ID	AR1999034771	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000808	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.