MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 December 2002   
	DOCKET NUMBER:   AR2002077670

	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:

	Mr. Roger W. Able		Chairperson	
	Ms. Karen Y. Fletcher		Member	
	Mr. Bernard P. Ingold		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 his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart.  

APPLICANT STATES:  That he has a piece of shrapnel in his neck for which he was not awarded the Purple Heart.  He contends that the Department of Veterans Affairs (DVA) has rated this wound as service connected.

EVIDENCE OF RECORD:  The applicant'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 applicant enlisted on 6 August 1940.  He served as a special vehicle operator in the European Theater of Operations from 13 November 1942 through 19 July 1945 and was honorably discharged on 30 July 1945.   

The applicant’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 his WD AGO Form 53-55 shows the entry, “None.”

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

The available records contain DVA medical records which indicate that a metallic fragment, clinically diagnosed as shrapnel, was removed from the applicant’s neck on 10 March 1978.  However, there is no evidence that this metallic fragment was the result of hostile action.  

The available records also contain DVA documentation, dated 29 November 1978, which states, “Your service-connected residuals, shell fragment wound, left neck remains rated 0% disabling and compensation is not payable.” 

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 he has a piece of shrapnel in his neck for which he was not awarded the Purple Heart.

2.  The Board considered the DVA medical documentation which indicates that a metallic fragment, clinically diagnosed as shrapnel, was removed from the applicant’s neck on 10 March 1978.  However, this medical documentation prepared almost 33 years after the fact, is not sufficient by itself as a basis for award of the Purple Heart, in view of evidence of record which shows the applicant was not wounded in action during World War II.

3.  The applicant signed his discharge document on 30 July 1945 attesting to the fact that he was not wounded in action and that he was not entitled to the Purple Heart.

4.  The Board also noted the DVA documentation which shows that the applicant was awarded service connected disability compensation for a shell fragment wound to his left neck.  However, there is no evidence of record available to the Board which shows the applicant was wounded or treated for wounds as a result of hostile action during World War II.

5.  Based on the foregoing, the Board determined that there is insufficient evidence upon which to base award of the Purple Heart in this case.

6.  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.
 
7.  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

RWA___  KYF_____  BPI_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002077670	
SUFFIX		
RECON		
DATE BOARDED	20021212	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.