MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 July 1999                   
	DOCKET NUMBER:   AR1998013889

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Charles H. Loundermon		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Curtis L. Greenway		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 the Purple Heart.

APPLICANT STATES:  That about the early part of November 1943, while in Naples, Italy, he was hit by shrapnel above his left knee during an air raid.  He provides as supporting documentation his discharge certificate, a letter from the VA informing him he has a 100 percent war service connected disability, and a page from his medical records noting a shrapnel hit scar to his lower left thigh.

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

He was inducted and entered active duty on 19 March 1943.  He arrived in the European Theater of Operations on 24 September 1943 where he served as a truck driver.  He departed the Theater on 26 September 1945 and was separated on 6 October 1945.

The applicant provides a document dated 13 March 1990 (the origin is unknown but it is possibly from a VA medical center).  An entry on the document mentions a shrapnel hit 5 to 8 October 1943 Naples Italy, reported to the VA hospital about 1960, with a 2 cm vertical scar at lower left thigh.

There is no evidence in the applicant’s VA claim file regarding a shrapnel wound. His discharge physical examination is in his VA claim file and there is nothing on it to show he was injured by shrapnel or in any other manner. 

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 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 regulation requires that, for award of the Purple Heart, the wound be 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.  There is no evidence in the applicant’s service records or in his VA claim file to support his claim of receiving a shrapnel wound.  The only evidence provided is a medical document dated 46 years after the fact with no background given.  The applicant provides only sketchy details and no supporting statements to substantiate his claim.  

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

__chl___  __slp___  ___clg__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013889	
SUFFIX		
RECON		
DATE BOARDED	19990729	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.