APPLICANT REQUESTS:  That his records be corrected to reflect that he was awarded the Purple Heart.

APPLICANT STATES:  That his injury was not listed on his WD AGO Form 53-55, Report of Separation.  He contends that he knocked a tooth out when he hit it on the siren of his tank while diving for cover during a bombardment.  He had the tooth replaced by a civilian dentist in the Philippines thus there is no evidence of it in his record.

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

He was inducted on 5 March 1943 and was sent to the Asiatic-Pacific Theater of Operations where he served as a tank driver from 10 September 1943 to 24 November 1945.  On 23 December 1945 he was honorably discharged in the rank of technician fourth grade.  He had served 2 years, 9 months and 19 days of total active service.

His record reflects that he was awarded the Good Conduct Medal, the Asiatic-Pacific Campaign Medal, the World War II Victory Medal, the Philippine Liberation Ribbon, the Honorable Service Lapel Button and the Expert Badge with carbine bar.  His Report of Separation indicates that he received no wounds in action.

A review of available records failed to show that the applicant received any wounds or injuries as the result of hostile action during his service or that he was treated for such prior to his discharge.

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.  There is no evidence in the available record to indicate that the applicant received wounds that were the result of hostile action with an enemy force, which is a necessary prerequisite for award of the Purple Heart.

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 the aforementioned 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

                       DENY APPLICATION




		David R. Kinneer
		Executive Secretary