MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 20 August 2002
         DOCKET NUMBER: AR2002076355

         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Ms. JoAnn H. Langston		Chairperson
Mr. Raymond V. O’Connor, Jr.		Member
Ms. Barbara J. Lutz		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)

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APPLICANT REQUESTS: In effect, that the Purple Heart (PH) be added to his military records.

APPLICANT STATES: In effect, that he was awarded the PH in 1943 in the Aleutian Islands. He claims that he was wounded during a Japanese attack while serving in the Aleutian Islands in 1942. He claims that during the many transfers and assignments over the years prior to his retirement in 1962 he did not follow up to ensure that his personnel records included the PH. He contends that he did not realize that the award was not included in the many awards contained in the separation documents he received over the years and while the medal is in his possession, he does not have the documentation to support the award. In support of his application, he provides a copy of a letter he submitted to a Member of Congress requesting assistance.

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

On 14 August 1939, he initially enlisted in the Army for 3 years. On 24 October 1945, he completed this enlistment. His Service Record (AGO Form 24) documenting this period of active duty service lists the following awards on
Page 6, in the Medals, Decorations, and Citations section: American Defense Ribbon; American Theater Ribbon; Asiatic-Pacific Theater Medal Good Conduct Medal. The PH is not included in the list of awards contained in this section of his Service Record.

Medical Treatment Records on file confirm that during the applicant’s assignment to the Aleutian Islands, he was treated for a bad cold in 1941; a wound to his right ring finger which he incurred accidentally, when he cut his finger while opening a can of milk while on Kitchen Police duty, in October 1941; and a sinus condition in July and August 1942. There are no medical records on file that show that he was ever treated for a wound he received in action against the enemy during this assignment.

The separation document (WD AGO 53-55) issued to the applicant on 24 October 1945, confirms that he held the rank of corporal and the military occupational specialty (MOS) 345 (Automotive Equipment Repairer) on the date of his separation from this period of active duty. It also shows that he served in the Pacific Theater of Operations (PTO) from 18 July 1941 through 7 July 1942 and that he participated in the Aleutian Islands campaign.

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Item 33 (Decorations and Citations) of the applicant’s 24 October 1945 separation document confirms that he earned the American Defense Ribbon with
1 bronze service star, American Theater Ribbon, Asiatic-Pacific Theater Medal with 1 bronze service star, and Good Conduct Medal during this enlistment. Item 34 (Wounds Received in Action) contains the entry “None”, verifying that he was not wounded in action during this period of active duty. The applicant authenticated the document with his signature in Item 56 (Signature of Person Being Separated), thereby verifying the information contained in it was correct at the time it was prepared.

In connection with the processing of this case, the hospital admission cards created by the Office of the Surgeon General (OTSG) for the World War II period that are maintained records maintained at the National Archives and Records Administration (NARA) were searched for treatment information pertaining to the applicant. However, this search failed to produce any evidence to show the applicant was treated for a wound he received in action during the World War II period.

The applicant remained on active duty in an enlisted status until 1951, at which time he was separated in order to accept a warrant officer appointment. He continued to serve on active duty as a warrant officer until retiring in 1962. None of the records prepared on him throughout these subsequent periods of service or any of the separation documents he received, to include the final separation document (DD Form 214), dated 28 February 1962, indicate that he was ever wounded in action or that he was awarded the PH.

Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that the PH is awarded to any member of an Armed Forces who, while serving in any capacity with one of the Armed Services after 5 April 1917, has been wounded or killed as a result of hostile action by an enemy. A wound is defined as an injury to any part of the body from an outside force or agent sustained as a result of enemy action. In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.

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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 the applicant’s contention that he is entitled to the PH for a combat related would he received while serving in the Aleutian Islands during World War II. However, it finds insufficient evidence to support this claim.

2. By regulation, in order to support an award of a PH there must be evidence confirming that the member was wounded or injured as a result of enemy action. The wound or injury must have been treated by military medical personnel, and this treatment must have been made a matter of official record. In this case, there are no medical or other official records to confirm that the applicant was ever wounded or injured in action or treated for a combat related wound or injury while serving on active duty during World War II.

3. The Board wishes to advise the applicant that it does not question the veracity of his claim of entitlement to the PH. Further, it wishes to congratulate him on his outstanding service to our country during World War II. However, based on the lack of records and evidence to support his contention that he was wounded in action while serving in the Aleutian Islands, it is regrettably compelled to deny his PH request. This action is taken in the interest of fairness and equity to all members who served during World War II and who face similar circumstances.

4. 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 __ __ RVO _ __BJL __ DENY APPLICATION

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

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INDEX

CASE ID	AR2002076355
SUFFIX
RECON
DATE BOARDED	2002/08/20
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1945/10/24
DISCHARGE AUTHORITY	AR 615-365
DISCHARGE REASON	Conv of Govt
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 61	107.0015
2.
3.
4.
5.
6.