MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           07 MARCH 2002
	DOCKET NUMBER:   AR2001064762

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Mr. Regan K. Smith		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:  He "suffered an injury while stationed in Germany" but never received the Purple Heart.  He notes that his injury involved having some teeth knocked out.  In support of his request he submits a statement from a dentist who notes the applicant received "VA approved dental treatment" in his office between 1947 and 1950.  The statement was authored in 2000.  In separate correspondence, the applicant provided a summary of his military service.  In that summary he states that during a mission to capture some German soldier’s he was “running in the dark with [his] rifle in front of [him] trying to stops the Germans.”  He notes that he “fell into a ditch.  [His] rifle struck [his] mouth and knocked one tooth out completely and left another one hanging.”  He states that his sergeant came to see if he was all right and when he saw blood “he snatched out the tooth that was hanging, and rolled up some paper in which he stuck in my mouth to stop the bleeding.”  He notes that his lieutenant later told him he would receive the Purple Heart for this.

EVIDENCE OF RECORD:  The applicant's military records were likely lost or destroyed during the 1973 fire at the National Personnel Records Center.  Information contained herein was reconstructed from alternative sources, including information provided by the applicant.

The applicant entered active duty on 25 July 1944 and served overseas between March and December 1945.  He was honorably discharged on 21 January 1946 as a result of demobilization.  His WD AGO Form 53-55, which he authenticated, does not reflect entitlement to the Purple Heart and item 34 (wounds received in action) reflects "NONE."

There were no medical records available to the Board and the applicant did not provide any.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.  There is no evidence, and the applicant has not provided any, which confirms he was wounded as a result of hostile action during World War II.  The statement submitted in support of the applicant's request was rendered more than 50 years after the fact, and the author merely indicates that the applicant received “VA approved dental treatment between 1947-1950….”  The statement does not confirm the applicant’s dental condition was the result of hostile action.  

2.  Additionally, statements rendered years after the fact, which are not supported by information from any official source, and are inconsistent with information contained in official documents, are not sufficient for the Board to conclude that an award of the Purple Heart would be appropriate.  

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 that 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

__RVO__  __JPI ___  __RKS __  DENY APPLICATION

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

INDEX

CASE ID	AR2001064762	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020307	
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.	142.00	
2.		
3.		
4.		
5.		
6.