MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            28 July 1999
	DOCKET NUMBER:   AR1999014956

	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. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Margaret V. Thompson		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:  Award of the Purple Heart.

APPLICANT STATES:  That his discharge shows he was wounded but does not show that he received the Purple Heart.

EVIDENCE OF RECORD:  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he entered active duty on 28 May 1942.  He served in the European Theater of Operations from 21 August 1942 to 4 October 1945.  The applicant was honorably discharged on 19 October 1945.

The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), which is authenticated in his own hand, does not show the Purple Heart as an authorized award.

The applicant’s WD AGO Form 53-55 contains the entry “one” in item 34 (Wounds Received in Action).  However, the two copies of the WD AGO 53-55 provided by the applicant appear to have been altered by covering the letter “N” and also covering part of the line beneath the entry.  Normally, the type of wound, date and location were entered in this item when a soldier was wounded as a result of hostile action and the entry “None” appeared when no wounds were sustained.

The entries “Combat Inf. Badge, Bronze Star, and American Defense” in item 33 (Decorations and Citations) of his WD AGO 53-55 appear to be invalid.  First, these entries are typed in a different style type than the rest of his discharge.  Secondly, records reveal the applicant did not receive entitlement to combat infantry pay, did not possess an infantry military occupational specialty and did not serve in an infantry unit.  Also, the entry for the Combat Infantryman Badge should have been made in item 31 (Military Qualification and Date) showing the authority for award of the badge and the date, not in item 33 as in the case of the applicant’s discharge.  Absent award of the Combat Infantryman Badge, the applicant is also not entitled to the Bronze Star Medal based on award of the Combat Infantryman Badge.  Finally, the requirement for award of the American Defense Service Ribbon is service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer, and the applicant did not enter service until May 1942.  The Combat Infantryman Badge, the Bronze Star Medal based on award of the Combat Infantryman Badge and the American Defense Service Ribbon were authorized for issuance to the applicant by the U. S. Army Reserve Personnel Center on a DA Form 1577 (Authorization for Issuance of Awards), dated 26 July 1989.

There is no evidence in the limited records available to the Board which shows that the applicant was awarded the Purple Heart.  There also is no indication in his records that he was wounded or treated for wounds as a result of hostile 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.  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.  There is no evidence of record which shows that the applicant was awarded the Purple Heart.

2.  There is no evidence the applicant was wounded or treated for wounds as a result of hostile action.  Therefore, the applicant is not entitled to award of the Purple Heart.

3.  It is the Board’s policy not to take away awards already received by applicant’s; however, the Board notes that the entries for the Combat Infantryman Badge, the Bronze Star Medal based on award of the Combat Infantryman Badge, and the American Defense Service Medal in item 33 of the applicant’s WD AGO 53-55 appear to be alterations of the original discharge.

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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

FNE____  LEM_____  MVT____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999014956	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990728	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451015	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	DEMOBILIZATTION	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR HARRELL	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.