MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 February 2002
	DOCKET NUMBER:   AR2001064847

	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. Beverly A. Young 		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Melvin H. Meyer		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 WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart for the first wound the FSM received in April 1944 at “Minturno” in Italy.

APPLICANT STATES:  That item 34 (Wounds Received in Action) of the FSM’s discharge document was left blank.  In support of her application, she submits a copy of the FSM’s WD AGO Form 53-55, Honorable Discharge Certificate, Certificate of Marriage, Marriage Record, Certificate of Death, and excerpts from the FSM’s diary.

EVIDENCE OF RECORD:  The FSM’s military records were destroyed or lost in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the FSM entered active duty on 29 November 1942.  He completed training as a gun crewman, light artilleryman, and served in the European-African-Middle Eastern Theater of Operations from 2 January 1944 through 23 November 1945.  The FSM was honorably discharged from active duty on 8 December 1945.

The FSM’s WD AGO Form 53-55, which was authenticated in his own hand at the time of his separation from the Service, does not show the Purple Heart as an authorized award.

The FSM’s WD AGO Form 53-55 does not show any entry in item 34 (Wounds Received in Action).  There is no evidence available to the Board that shows the FSM was awarded the Purple Heart.  

The applicant provided a copy of excerpts from the FSM’s diary.  In this document, the FSM stated that, “On the 11th I received my first wound (not serious though) and it made me very scared.”  However, there are no medical records available to the Board which show he was wounded or treated for wounds as a result of hostile action.

A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape.  In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC).  The availability of the information to the NPRC received considerable publicity by the various veterans service organizations.  It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973.  Searches of these files fail to show that the FSM was wounded or injured as a result of enemy 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.  The Board noted the applicant’s contention that the FSM received his first wound in action in April 1944 in Italy.  However, there is no evidence of record which shows that the FSM was wounded or treated for wounds due to hostile action during World War II.

2.  The FSM signed his discharge document attesting to the fact that he was not entitled to award of the Purple Heart.

3.  The preponderance of evidence in this case shows the FSM was not wounded as a result of hostile action or otherwise entitled to award of the Purple Heart.  Therefore, there is insufficient evidence upon which to base award of the Purple Heart in this case.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

5.  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.

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

GDP_____  TAP_____  MHM_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001064847	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020221	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.