MEMORANDUM OF CONSIDERATION

	IN THE CASE OF 

	BOARD DATE:            31 March 1999     
	DOCKET NUMBER:   AR1998012932

	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. Loren G. Harrell		Director	
	Mr. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis W. Barbee		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Walter T. Morrison		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.  

APPLICANT STATES:  That he received shrapnel wounds while in combat during the battle for Guadalcanal in October or November of 1942, but was unable to get to the rear line for treatment due to the battle situation.  The wounds healed, but the shrapnel is still imbedded.   

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources. 

The applicant’s enlisted record and report of separation indicates that he entered the Army on 21 April 1941, served as a medical technician while in the Army, and participated in three campaigns during World War II, Guadalcanal, Northern Solomons, and Southern Philippines.  Item 34, Wounds Received in Action, on that record, shows “NONE”.  The applicant signed the record.  He was discharged on 18 May 1945 at Fort Snelling, Minnesota.  He had 4 years and    28 days of service of which 3 years, 1 month, and 22 days were overseas. 

An 18 October 1989 VA rating decision indicates that the applicant had reopened his claim for service connection for shell fragmentation wounds of the buttocks.  That decision indicates that the applicant stated that he was wounded by an incoming mortar shell, and was pinned down in action and unable to have immediate access to medical care.  He was an aid technician and treated his own wound.  He was unable to get back to the aid station.  The VA examination showed that he did have a scar on his left buttock, and a scar on his thigh.  His medical records did not describe any treatment or complaint associated with the buttocks.  His separation examination indicated that his musculoskeletal system was normal.  The VA, taking into consideration the applicant’s certified statement, records which showed that he received numerous commendations as a result of combat action, and findings on current VA examination and under the provisions of reasonable doubt, concluded that the applicant sustained a shell fragmentation wound to the left buttock as a result of active combat service, and awarded him a zero percent service connected disability for that wound.  

On 30 September 1989 the Army Reserve Personnel Center authorized that the applicant be issued the Combat Infantryman Badge, the Bronze Star Medal, the Good Conduct Medal, and the Presidential Unit Citation, among others.

Army Regulation 600-8-22 provides 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, and advisory opinion(s), it is concluded:

1.  Notwithstanding the VA decision of 18 October 1989, the applicant has provided no evidence to show that he was wounded in combat as a result of hostile action.  He is not entitled to award of the Purple Heart. 

2.  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

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998012932	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990331	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1. 107.00		
2.		
3.		
4.		
5.		
6.