MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           26 February 2002                  
	DOCKET NUMBER:   AR2001064239

	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:

	Ms. Joann Langston 		Chairperson	
	Mr. Raymond J. Wagner 		Member	
	Mr. Richard T. Dunbar 		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:  As the widow of a deceased former service member (FSM), correction of her husband’s military records to show award of the Purple Heart.   

APPLICANT STATES:  In effect, while serving as a radio operator in Italy and directing artillery fire from a two man plane, a shell went through the FSM’s radio and exploded sending shrapnel into his neck, arm and shoulder.  She contends that the FSM was treated for his shrapnel wounds and received the Purple Heart somewhere in Italy.  She also contends that she has a piece of shrapnel which was removed from the FSM’s neck and that shrapnel was still in the FSM’s arm and shoulder at the time of his death.  In support of her application, she submits a letter, dated 1 February 2001, from the Review Boards Agency in St. Louis, Missouri; four pages from the FSM’s journal at the time in question; a letter, dated 18 December 2000, from the applicant; a letter, dated 9 January 2001, from the Review Boards Agency in St. Louis, Missouri; the FSM’s WD AGO 
53-55 (Enlisted Record and Report of Separation); the FSM’s WD AGO Form 100 (Separation Qualification Record); an Application for Servicemen’s Readjustment Allowance, dated 24 January 1946; a Marriage Certificate and License; and the FSM’s Death Certificate.   

EVIDENCE OF RECORD:  The FSM'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 FSM was inducted on 22 January 1943.  He served as a radio operator (high speed manual) in the European Theater of Operations from 26 March 1944 through 
26 November 1945 and was honorably discharged on 11 December 1945.

The FSM’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received in Action) on the WD AGO Form 53-55 shows the entry, “None.”

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

In support of her claim for the Purple Heart, the applicant provided four pages from the FSM’s journal at the time in question.  In summary, this documentation states that while on patrol the FSM sustained a shrapnel wound to his head when a bullet went through his radio.  It also states that the FSM was treated for his wounds and sent back to his unit.    

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.  The Board considered the applicant’s contention that the FSM was wounded in action during World War II and was awarded the Purple Heart.  The Board also considered the four pages of the FSM’s journal provided in support of the applicant’s claim.  However, there is no evidence of record available to the Board which shows the FSM was wounded or treated for wounds as a result of hostile action during World War II.

2.  Evidence of record shows the FSM signed his discharge document on 
11 December 1945 attesting to the fact that he was not wounded in action and was not entitled to the Purple Heart.  In view of the foregoing, there is insufficient evidence upon which to base award of the Purple Heart in this case.

3.  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 this requirement.

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

JL_____  RJW_____  RTD_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001064239	
SUFFIX		
RECON		
DATE BOARDED	20020226	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.