MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            14 January 1999
	DOCKET NUMBER:   AC98-10407
				   AR1999015615

	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	
	Ms.	Deyon D. Battle		Analyst	

	The following members, a quorum, were present:

	Mr.	Raymond V. O’Connor, Jr.		Chairperson	
	Ms.	Shirley L. Powell		Member	
	Ms.	Kathleen A. Newman		Member	

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	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:  That he be awarded the Purple Heart (PH) and that his disability payments be increased.

APPLICANT STATES:  That he injured his left and right knees on a obstacle course while he was in training and that he had to have both of his knees replaced.  He further states that while he was in Luzon, he was scrambling during an air raid and he fell through some stairs injuring his right leg.  He further states that he was hospitalized for 22 months as a result of his injury and that he still experiences pain as a result of his injury.  He concludes by stating that he was not justly compensated for his injuries.

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

He accepted an appointment as a second lieutenant on 11 November 1944 and he successfully completed his training as a salvage collecting officer.

His awards include the Asiatic-Pacific Campaign Medal, the American Campaign Medal and the World War II Victory Medal.

A review of the records reveals that on 17 May 1946, the applicant injured his right leg after he fell down a flight of stairs in his barracks.  He was immediately hospitalized at the 174th Station Hospital in Luzon, Philippine Islands where the wound healed.  

On 30 May 1946, the wound reopened and he was admitted to the 4th General Hospital, Manila where he had constant dressing until 21 July 1946, when he was transferred to Letterman General Hospital in San Francisco, California.  He was later transferred to Wakeman General Hospital in Camp Atterbury, Indiana and on 1 December 1946, he was transferred to William Beaumont General Hospital in El Paso, Texas.  He was released from the hospital and placed on terminal leave after his right leg had healed and after he was found to be qualified for general military service.

There is no evidence that the applicant was injured as a result of hostile action or that he is currently receiving disability payments.

On 25 October 1947, he was honorably discharged at the expiration of his term of service and he was transferred to the USAR to complete his reserve obligation.  He had completed 2 years, 11 months and 15 days of total active service.

Army regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained as a direct 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 by a medical officer, 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 actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  The record clearly shows that he injured his leg after he fell down the stairs in his barracks.  However, there is no evidence of record to support his contention that the fall was as a result of hostile action or that he is entitled to the PH.

3.  Moreover, there is no evidence of record, nor has the applicant submitted any evidence to show that he is currently receiving disability payments from the Army.

4.  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 the aforementioned requirement.

5.  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	AC98-10407	
SUFFIX		
RECON		
DATE BOARDED	1999/01/14	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.