MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 March 2002                  
	DOCKET NUMBER:   AR2001063971

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Roger W. Able		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 Medal.

APPLICANT STATES:  In effect, that he was injured/wounded during a parachute jump while he was assigned to a unit in the Asiatic Pacific Theater.
The applicant provides a copy of his Honorable Discharge Certificate, a copy of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO 53-55) and a copy of his Separation Qualification Record (WD AGO Form 100) in support of his application.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from the partially reconstructed records and from the information furnished by the applicant.  

The applicant entered active duty on 20 September 1943.  He served in the Asiatic Pacific Theater from 2 June 1944 to 20 December 1945 and was honorably discharged on 16 January 1946. 

His WD AGO Form 53-55 does not show award of the Purple Heart in item
33 (Decorations and Citations).  Item 34 (Wounds Received in Action) of his discharge document shows the entry “None”.  The applicant authenticated his WD AGO 53-55 in his own hand at the time of his discharge from the Army.
The applicant’s medical file is not available.

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, 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 applicant contends that he was injured/wounded on a parachute jump; however, there is no evidence in his available record, which shows that he was injured or was treated for an injury that resulted from hostile action.  Therefore, without substantiating evidence the applicant is not entitled to award of the Purple Heart.

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

__jhl___  __wtm___  __rwa___  DENY APPLICATION

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

INDEX

CASE ID	AR2001063971	
SUFFIX		
RECON		
DATE BOARDED	20020314	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.