MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 January 1999                                      
	DOCKET NUMBER:   AR1998012694

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick 		Chairperson	
	Ms. Margaret K. Patterson 		Member	
	Mr. John H. Kern 		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:  That he be awarded two Purple Hearts and any other awards for valor.

APPLICANT STATES:  That he received a “through and through gunshot wound to right lower leg”, numerous grenade fragment wounds, and had his eardrums ruptured.  He adds that he was individually cited by the Secretary of the Navy.

EVIDENCE OF RECORD:  The applicant's military records were partially burned in the National Personnel Records Center fire of 1973.  However, sufficient information was obtained from those records to answer this request.

He served in the Army of the United States from 23 December 1940 to 26 August 1945 as a military policeman in the Asia-Pacific Theater of Operations.  During his participation in the Guadalcanal and Northern Solomons Campaigns, he suffered from a number of illnesses.  His medical records indicated that he was treated for appendicitis, malaria, bronchitis, and severe otitis media (purulent) and otitis externa (diffuse).  The applicant’s medical problem with ear infections (otitis media and externa) is clearly shown as the reason for his perforated eardrums.

The applicant’s medical records also indicate that on 20 August 1942, while playing “ball in unit area,” he broke the fibia bone in his lower right leg.  This is the only injury noted in his records pertaining to his right leg; there is no mention of a gunshot wound.

On 4 February 1943, the Secretary of the Navy cited the entire First Marine Division, Reinforced, for gallantry and determination in executing forced landing assaults against Japanese positions on Tulagi, Gavutu, Tanambogo, Florida, and Guadalcanal, British Solomon Islands.  The applicant was a part of the reinforcement to the First Marine Division on Guadalcanal and the Northern Solomon Islands.  The document in question does not cite the applicant for individual valor; it merely lauds him for his participation in the mentioned engagements.

Army Regulation 600-8-22 provides, in pertinent part, 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, 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’s records clearly show that his injuries were the result of illness or noncombat-related accidents.  As such, they do not qualify for award of the Purple Heart.

3.  The applicant’s records contain no entries of his having received awards or decorations for valor and he has provided no evidence to show that he is entitled to any.

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

___JEV _  __MKP __  __JHK __  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998012694	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990127	
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	Mr. Harrell	
ISSUES         1.	107.0000	
2.	107.0015	
3.		
4.		
5.		
6.