MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           27 August 2002
	DOCKET NUMBER:   AR2002076091

	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	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Thomas Lanyi		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 he be awarded the Purple Heart.

APPLICANT STATES:  In effect, that his company clerk at the time failed to follow up on the necessary paperwork that would have awarded him the Purple Heart.  He received an operation and was hospitalized for three months.  The award of the Purple Heart would entitle him to additional benefits.  He asserts it is unrealistic to expect him to have any documentation regarding the actions described.  He entered the Army at age 18, served his country for three years and never entertained the idea of documenting all that he encountered while serving in combat.  He believes the Army should take responsibility for correcting the error that was of their making.  

In support of his applicant he submits an additional personal statement, a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), his honorable discharge certificate, and WD AGO Form 100 (Separation Qualification Record).

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  Information herein is based upon documents provided by the applicant.

His WD AGO Form 53-55 shows that he was inducted on 9 February 1943, and served as a duty noncommissioned officer in the Asiatic-Pacific Theatre of Operations from 14 June 1944 through 15 January 1946.  He was honorably discharged on 12 February 1946 in the grade of corporal.

Awards shown on his WD AGO Form 53-55 include the Philippines Liberation Ribbon, the Asiatic-Pacific Service Medal, the Good Conduct Medal, the World War II Victory Medal and the American Service Medal.

There are no orders in the available records to show that he was awarded the Purple Heart.  There also is no evidence that he was wounded or treated for wounds as a result of hostile action.  There are no hospital admission records in the files of The Surgeon General of the Army which show that the applicant was treated for wounds or injuries as a result of hostile action.

Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant listed on his request the 388th Antiaircraft Artillery Automatic Weapon Battalion received occupation credit for Okinawa, Japan from 15 September through 25 October 1945.

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 by a medical officer, and the medical treatment must have been made a matter of official record.  Further, the Purple Heart may be awarded to individuals wounded while prisoners of foreign forces, upon submission by the individual of an affidavit that is supported by a statement from a witness, if this is possible.

The same regulation provides that a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  In the applicant’s case, he is entitled to two bronze service stars for credit for the Southern Philippines and New Guinea campaigns.

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 notes that there is no evidence in the available records, which shows that the applicant was awarded the Purple Heart or was treated for wounds or injuries as a result of hostile action.  The Board also notes that the applicant authenticated his WD AGO Form 53-55 at the time of his separation from the Army and this document did not show award of the Purple Heart or that he was wounded as a result of hostile action.

2.  In the absence of documentation which shows the applicant was wounded or treated for wounds as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart or to amend his records to show that he was wounded in action.   

3.  The Board acknowledges the applicant's statement regarding his injuries but such individual statements are acceptable only where corroborating evidence is available from other sources.  In the absence of such supporting evidence, there are no grounds for the Board to award the Purple Heart.

4.  Additionally, in reviewing his case it was noted that he is entitled to the Army of Occupation Medal with Japan clasp and two bronze service stars to be worn on his Asiatic-Pacific Service Medal, and is entitled to a correction of his records to show these awards.  Accordingly, the Army Review Board Agency Support Division, St. Louis will be requested to issued him a correction to his separation document reflecting these awards.

5.  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.

NOTE:  The Army Review Boards Agency Support Division, St. Louis, is requested to correct the records of the individual concerned by showing that he was awarded Army of Occupation Medal with Japan clasp and two bronze service stars to be worn on his Asiatic-Pacific Service Medal.

BOARD VOTE:

________  _______ _  _______  GRANT

________  ________  ________  GRANT FORMAL HEARING

___inw __  ___aao__  ____tl___  DENY APPLICATION

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

INDEX

CASE ID	AR2002076091	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020827	
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.  107.00		
2.		
3.		
4.		
5.		
6.