MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            17 OCTOBER 2002                  
	DOCKET NUMBER:   AR2002075480

	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:

	Ms. Joann Langston 		Chairperson	
	Ms. Margaret V. Thompson		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:  That his records be corrected to reflect that he was wounded while in combat and that he was treated for his wounds in a hospital in England. 

APPLICANT STATES:  In effect, that he was wounded in both legs while in combat and that he was hospitalized in England but the information was not recorded "in item 34 of [his] discharge paper."  He states that he believes the error may have occurred because "most of the help [in the hospital] was [of] English decent (sic)."  He submits no evidence in support of his request.

EVIDENCE OF RECORD:  The applicant's military records show:

He entered active duty on 7 January 1941 and arrived in the Overseas Theater of Operations in December 1942.

Files maintained by the Office of The Surgeon General, commonly referred to as the SGO files, indicated the applicant was hospitalized in February 1944 for varicose veins.  Extracts from the admission and disposition records of the 3rd Station Hospital confirms the applicant's hospitalization for varicose veins and that he underwent surgery for the condition.  According to unit morning report entries, the applicant returned to duty in March 1944.  Entries in the applicant's military personnel file indicate he was transferred to a hospital in July 1944 and returned to duty in October 1944.  The location of the hospital and purpose of hospitalization, however, is unknown.  In a 1968 disability application, however, the applicant indicated he was treated for gangrene in his legs between June 1944 and October 1944, and was hospitalized in England in July 1944.  There is no indication in his files regarding the source of the gangrene or any indication it was related to hostile actions.

The applicant also indicated, in a January 2002 statement to the National Personnel Records Center, that he was severely wounded "in both lower legs by a shell from a German Tank…some time after December 22nd, 1944."

The applicant returned to the United States in August 1945 and on 24 August 1945 he was discharged as a result of demobilization.  His separation report, which he authenticated, reflects "None" in item 34 (wounds received in action).

An October 1945 "Disability Pension & Dental Claim" form does indicate the applicant was treated for varicose veins while in the military, but makes no reference to any wounds sustained as a result of hostile action.

Item 34 on the War Department Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) limited entries to wounds received in action.

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.  Although there is evidence the applicant was hospitalized on several occasions during World War II, there is no evidence he was ever hospitalized, or treated, for any wounds sustained as a result of hostile action.  In particular the Board notes that the applicant's contention that he was wounded in December 1944 is not supported by any evidence in available records, or provided by the applicant.  In the absence of such evidence, the Board concludes there is no basis to correct item 34 on his separation document.

2.  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.

3.  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____  __MVT __  __RTD __  DENY APPLICATION

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

INDEX

CASE ID	AR2002075480	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021017	
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.	110.00	
2.		
3.		
4.		
5.		
6.