MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            16 December 1998
	DOCKET NUMBER:   AC98-12050

	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.	Ernest M. Willcher		Chairperson	
	Ms.	Lana E. McGlynn		Member	
	Ms.	Carol Jo Suiter		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 his Enlisted Record and Report of Separation of Separation (WD AGO Form 53 - 55) be corrected to show the award of the Purple Heart (PH).

APPLICANT STATES:  In effect,  that he was wounded while he was in Dormstardt, Germany and that he was hospitalized in Frankfurt, Germany for 3 weeks.  In support of his appeal, he submits a copy of a Request for Decoration and/or Citation (WD AGO Form 106) which reflects that he was wounded and hospitalized in May 1945.

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

He enlisted in the Army on 27 November 1940 and he successfully completed his training as a mess sergeant.  

A review of the available records shows that the applicant was accidentally wounded in his chest and his left wrist by mortar shell fragments on 28 May 1945.  The record further reveals that the accident occurred when he fired at a mortar shell at rifle distance and the shell exploded.  He was hospitalized until 7 June 1945 when he was released and returned to duty.

He was honorably discharged on 9 October 1945, after he completed over 4 years and 11 months of total active service.

A review of the record fails to reveal that the applicant’s injuries were as a direct result of hostile action.

Army Regulation (AR) 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.  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.

2.  The applicant was accidentally injured after he fired at rifle range at a mortar shell that exploded.  He has failed to submit evidence that his injuries were as a direct result of hostile action.  Therefore, his injury does not meet the criteria contained in AR 600-8-22 for entitlement to the award of the PH.

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

__emw __  __lem___  __cs  ___  DENY APPLICATION

						Loren G. Harrell
						Director