MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            23 April 2002
	DOCKET NUMBER:   AR2001066015

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Thomas Lanyi		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:  Correction of her late husband’s military records to show his entitlement to the Purple Heart.

APPLICANT STATES:  That her husband had a shrapnel wound in his left inner leg above his knee while he was in the Army and he went behind the lines to receive medical treatment.  She states that some of the shrapnel was never removed because her husband wanted to return to the front line to fight with his unit.  She further states that her husband always said that he did not want the Purple Heart; however, the wounds were annotated in his medical records.  She continues by stating that she does not want any money and that all she wants is the Purple Heart that she believes he deserves.  She concludes by stating that she recently saw a soldier who was awarded the Purple Heart for frozen feet, after many years of effort and that her husband not only served his country, he worked for the United States Postal Service for 30 years after his discharge from the Army.  In support of her appeal she submits a copy of a certificate awarding her husband the Bronze Star Medal, a copy of a map that shows the route of march for the 7th Field Artillery Observation Battalion for the period covering 14 July 1944 through 9 June 1945, a copy of her Certificate of Marriage to the former service member and a copy of the former service member’s Certificate of Death.

EVIDENCE OF RECORD:  The former service member’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records.

He was inducted on 23 February 1942 and he successfully completed his training as a communications chief.

His awards include the Bronze Star Medal, the European-African-Middle Eastern Campaign Medal and the Good Conduct Medal.

A review of the available records fails to show that the applicant was ever wounded as a result of hostile action by enemy forces.

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 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 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.

2.  The Board has noted the applicant’s contentions.  However, There is no evidence in the available records that indicate that the former service member was treated for shrapnel wounds while he was in the service.

3.  In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

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

___mdm_  __kak ___  ___tl____  DENY APPLICATION

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

INDEX

CASE ID	AR2001066015	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/04/23	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015	
3.		
4.		
5.		
6.