MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 April 2003      
	DOCKET NUMBER:   AR2002079565

	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. John N. Slone		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Bernard P. Ingold		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:  Correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart.

APPLICANT STATES:  That he received wounds due to enemy action on or about 27 December 1944 in Bastogne, Belgium.  He also contends that the Purple Heart medal was awarded to him after his separation from the Army.  In support of his application, he submits a request for award of the Purple Heart, dated 12 July 1945; a photograph of a Purple Heart medal; and an undated certificate from an individual who treated his wounds.  

EVIDENCE OF RECORD:  The applicant's military records were destroyed or lost during the National Personnel Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 4 May 1942.  He served as a welder in the European Theater of Operations from 31 January 1944 through 6 September 1945 and was honorably discharged on 19 September 1945.  

The applicant's WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows the entry, "None."

There are no orders for the Purple Heart in the available records.

There is no evidence in the available records that shows the applicant was injured or wounded as a result of hostile action during World War II.

The applicant provided a copy of his request for award of the Purple Heart, dated 12 July 1945, to the Surgeon General of the 101st Airborne Division.  The applicant requested award of the Purple Heart for wounds received due to enemy action on or about 27 December 1944 in Bastogne, Belgium. 

The applicant also provided a copy of an undated certificate from an individual attesting that he treated the applicant for wounds received due to enemy action on or about 27 December 1944 in Bastogne, Belgium.

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 contention that he received wounds due to enemy action on or about 27 December 1944.

2.  There is no evidence in the available records which shows that the applicant was wounded or injured as a result of hostile action during World War II.

3.  The Board noted the applicant's 1945 request for award of the Purple Heart to the Surgeon General of the 101st Airborne Division. 

4.  The Board also considered the certificate provided in support of the applicant's claim for award of the Purple Heart.  However, this certificate is not sufficient by itself as a basis for award of the Purple Heart, in view of evidence of record which shows the applicant was not wounded. 

5.  The applicant signed his WD AGO Form 53-55 on 19 September 1945 attesting to the fact that he was not wounded in action and that he was not entitled to the Purple Heart.  Based on the foregoing, the Board determined that there is insufficient evidence upon which to base award of the Purple Heart in this case.

6.  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.

7.  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

JNS____  TL______  BPI_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002079565	
SUFFIX		
RECON		
DATE BOARDED	20030429	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.