MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 January 2003
	DOCKET NUMBER:   AR2002079430

	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. Raymond V. O’Connor		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Marla J. Troup		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:  In effect, that he was wounded on 28 February 1945 near Germany during World War II.  He contends that he was sent to a field hospital outside of Luxemburg and then flown to the 122nd U.S. General Hospital in London where he stayed until 15 April 1945.  In support of his application, he submits a copy of his WD AGO Form 53-98 (Military Record and Report of Separation); a letter, dated 10 April 1989; two letters, dated 4 May 1989 and 
8 June 1989, from the U.S. Army Reserve Personnel Center; a letter, dated 
23 August 1989; a VA Form 21-4138 (Statement in Support of Claim), dated 
2 April 2002; an e-mail, dated 3 November 2001; reassignment orders, dated 
15 April 1945, from the 122nd U.S. General Hospital; and a map of Germany.   

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

The applicant entered active duty on 13 June 1944.  He served as a platoon commander and an administration officer in the European Theater of Operations from 16 October 1944 through 15 December 1946.  The applicant was released from active duty on 27 February 1947 in the rank of captain.  

The applicant’s WD AGO Form 53-98, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 30 (Wounds Received in Action) on his WD AGO Form 53-98 shows the entry, “NONE.”

There is no evidence in the applicant’s service personnel records which shows he was awarded the Purple Heart or was wounded as a result of hostile action during World War II.

The applicant provided a VA Form 21-4138 (Statement in Support of Claim), dated 2 April 2002, wherein he states that his wound was a perforated ear.  He also indicates that he was unconscious for nearly a day.

In support of his claim for award of the Purple Heart, the applicant provided a copy of an e-mail, dated 3 November 2001, from a fellow soldier at the time in question.  This soldier states that the applicant was wounded in February 1945.

The applicant also provided a copy of reassignment orders, dated 15 April 1945, when he was released from the 122nd General Hospital.

The applicant’s WD AGO Form 63 (Report of Physical Examination), dated 
29 December 1946, shows the entry, “Perforated right ear drum, 122nd General Hospital, England, March 1945, 6 weeks” in item 12 (Medical History).  

The applicant’s service personnel records contain a 122nd General Hospital Clinical Record, dated 12 April 1945, which states that he was admitted on 
8 March 1945 and diagnosed with psychoneurosis, anxiety state, moderately severe.  This clinical record also states, “Went to France 15 November 1944. Developed increasing tension which reached a climax 26 February 1945 when he was dazed by a near shell burst.  Entered hospital somewhat nervous and tense.”  A board of medical officers recommended that the applicant be reclassified to limited assignment.         

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 contentions that he was wounded and sustained a perforated ear drum on 28 February 1945 and that he was taken to the 122nd General Hospital where he stayed until 15 April 1945.

2.  The Board also reviewed the applicant’s WD AGO Form 63 (Report of Physical Examination), dated 29 December 1946, which shows the entry, “Perforated right ear drum, 122nd General Hospital, England, March 1945, 
6 weeks” in item 12 (Medical History).  However, medical evidence of record from the 122nd General Hospital does not support this entry.

3.  A clinical record, dated 12 April 145, from the 122nd General Hospital states that the applicant was admitted to the hospital on 8 March 1945 and was diagnosed with psychoneurosis, anxiety state, moderately severe.

4.  The Board considered the e-mail provided by a fellow soldier which states the applicant was wounded in February 1945.  However, there is no evidence of record available to the Board which shows the applicant was wounded or treated for injuries as a result of hostile action.  

5.  The applicant signed his discharge document on 27 February 1947 attesting to the fact that he was not wounded in action and was not entitled to award of the Purple Heart.

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

7.  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.

8.  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____  AAO____  MJT_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002079430	
SUFFIX		
RECON		
DATE BOARDED	20030116	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.