MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 January 2003
	DOCKET NUMBER:   AR2002078191

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Ms. Mae M. Bullock		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 be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

APPLICANT STATES:  That he received a recommendation for award of the Purple Heart, but it was never added to his DD Form 214.  In support of his application, he submitted a copy of his DD Form 214 and a DA Form 638 (Recommendation for Award).

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

The applicant enlisted in the Army on 22 September 1942 and completed training as a truck driver.  He served in Canada and France and was honorably discharged on 3 November 1945.  He reenlisted on 4 November 1945 and completed training as an auto mechanic.  He served in the European-African-Middle Eastern Theater of Operations and was honorably discharged on 3 November 1948.  He later completed two tours in Germany and continued to serve on active duty through a series of reenlistments.  The applicant completed over 20 years of honorable service and was retired on 31 August 1966 in the rank of sergeant major.

The applicant's service personnel records contain seven discharge documents.  These discharge documents do not show the Purple Heart as an authorized award.

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.

The applicant's DA Form 20 (Enlisted Qualification Record) prepared in May 1965 shows the entry "Shoulder Wound, Phosphorous…11 March 1945" in item 40 (Wounds).  His DA Form 20 lists the Purple Heart in item 41 (Awards and Decorations).  

His WD AGO Form 53-55 (Enlisted Record and Report of Separation), which covers the period 22 September 1942 through 3 November 1945, does not show the Purple Heart as an authorized award.  Item 33 (Wounds Received in Action) on this discharge document shows the entry "None."

The applicant's Service Record (WD AGO Form 24), which covers the period 4 November 1945 through 3 November 1948, indicates that he was awarded the Purple Heart in April 1945.  

His Service Record, which covers the period 22 September 1942 through 3 November 1945, does not show he was awarded the Purple Heart.  This Service Record shows he arrived in Germany on 11 March 1945 and was not assigned to the 92nd Replacement Battalion until 14 March 1945.  
There is no evidence of record available to the Board which shows the applicant was wounded on 11 March 1945 as a result of hostile action.

The applicant provided a copy of an undated Recommendation for Award of the Army Commendation Medal (First Oak Leaf Cluster).  This document shows the entry "Purple Heart, Authority Unknown" in item 16 (Other U.S. Decorations Received).

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.  The Board considered the applicant's contention that he was recommended for award of the Purple Heart for wounds sustained on 11 March 1945.  

2.  The Board noted that there are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  His discharge document covering the period 22 September 1942 through 3 November 1945, does not show the Purple Heart as an authorized award.  Item 33 (Wounds Received in Action) on this discharge document shows the entry "None."

3.  The Board noted that the WD AGO Form 53-55 covering the applicant’s service from 22 September 1942 through 3 November 1945, during which he contends that he was wounded, does not show any entries for award of the Purple Heart or wounds sustained in action or transfer to a hospital.

4.  The Board also noted the entry on the applicant's WD AGO Form 24 (Service Record), covering the period 4 November 1945 through 3 November 1948, which shows the applicant was awarded the Purple Heart in April 1945.  However, this document does not cover the period of service during which the applicant contends that he was wounded. 

5.  The Board noted the entry on the applicant's DA Form 20 (Enlisted Qualification Record) prepared in 1965 which shows he sustained a shoulder wound on 11 March 1945.  

6.  The Board also noted the undated recommendation for award which shows the entry under previous awards listing the Purple Heart.

7.  The Board also noted the entries on the applicant’s service records which show he arrived in Germany on 11 March 1945 and was not assigned to the 92nd Replacement Battalion until 14 March 1945.  

8.  Upon careful review of all the evidence in this case, the Board has determined that there is no basis for correcting the applicant's records to show award of the Purple Heart.  There is no evidence on any official record which properly authorizes award of the Purple Heart or authenticates wounds sustained in action.  Records of assignment shows that the applicant did not arrive in Germany until 11 March 1945 and that he was not assigned to a unit until 14 March 1945.  The only documents which show entries for the Purple Heart were made after the fact and do not make reference to a date, unit or official order.  

9.  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.

10.  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

MKP____  JLP_____  MMB____  DENY APPLICATION

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

INDEX

CASE ID	AR2002078191	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030114	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.