MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          14 January 1999        
	DOCKET NUMBER:   AC98-10744
				   AR1999016337

	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. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Shirley L. Powell		Member	
	Ms. Kathleen A. Newman		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 for injuries her deceased husband received in combat.  

APPLICANT STATES:  That the Purple Heart was not awarded to her husband, a former service member (FSM), as a result of injuries he received when he stepped on a land mine during World War II.   

EVIDENCE OF RECORD:  The military records of the former service member  show:

He enlisted in the Army on 17 January 1946, after having one year and one month of prior service, to include service in the Pacific Theater of Operations during World War II (from June 1945 to January 1946).  For this service he was awarded the World War II Victory Medal, the Asiatic-Pacific Campaign Medal, and the American Campaign Medal.

A report of board of medical officers, dated 25 June 1947, indicates that the FSM lost his left hand due to amputation, and had practically no use of his right hand with complete or partial amputation of four fingers.  He suffered accidental injuries on 28 September 1946 at 2:30 PM, while on duty at Kimpo in Korea, when an unexploded shell he picked up exploded in his hands.  Available medical records prior to the date of this board substantiate this information.  

On 1 July 1947 the FSM received an Honorable Discharge because of his  disabilities at Valley Forge General Hospital.  He had 2 years, 6 months, 
and 9 days of service.

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.  The former service member’s service to his country, both during and after World War II, is indeed commendable, and his injuries as a result of that service were grievous.

2.  The wounds that he received, however, were accidental, and not sustained during hostile action against an enemy of the United States.  There are no provisions for awarding the Purple Heart for accidental injuries.  

3.  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

___rvo__  ___slp__  __kan____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

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