MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            19 June 2003
	DOCKET NUMBER:   AR2002081083

	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. Richard P. Nelson		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. William D. Powers		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:  In effect, that his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) be corrected to reflect award of the Purple Heart.

APPLICANT STATES:  That in early May of 1945, he received a head wound as a result of machine gun fire.  He states that Captain [last name omitted] at the scene, stitched the wound and offered to “put the applicant in for a Purple Heart” but that this apparently was never done.

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

The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and consist primarily of his WD AGO Form 53-55.

The available records show that the applicant enlisted on 27 March 1942.  He served as a Receiving and Shipping Clerk with the 68th Ordnance Ammunition Company in the Asiatic-Pacific Theater of Operations from 12 September 1942 to 28 August 1945.  The applicant was honorably separated from active duty on 1 October 1945.

Item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-55, which is authenticated in his own hand, does not show entitlement to award of the Purple Heart.  Item 34 (Wounds Received in Action) of the WD AGO Form 53-55 contains the entry, "None."

There are no orders in the available records which show that the applicant was awarded the Purple Heart and the applicant has not provided a copy of orders awarding the Purple Heart.

There are no medical documents in the available records which show that the applicant was wounded, or treated for wounds, as a result of hostile action.

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.

Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

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 request for award of the Purple Heart. 

2.  There are no orders which awarded the applicant the Purple Heart.

3.  There are no medical records that show the applicant was wounded, or treated for wounds, as a result of hostile action.

4.  The applicant authenticated his WD AGO Form 53-55 which did not show award of the Purple Heart or wounds sustained in action.

5.  The Board noted the applicant’s entitlement to award of the World War II Victory Medal and determined that his records should be corrected administratively.

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.

NOTE:  The Board requests that the Army Review Boards Agency (ARBA), Support Division, St. Louis, administratively correct the records of the individual concerned to show that he was awarded the World War II Victory Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___JNS__  __WDP__  ___LEM_  DENY APPLICATION

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

INDEX

CASE ID	AR2002081083	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030619	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	1124	
ISSUES         1.	107.0015.0000	
2.		
3.		
4.		
5.		
6.