MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           10 December 1998 
	DOCKET NUMBER:   AC98-05960

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Stanley Kelley		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.

APPLICANT STATES:  That he only has the Bronze Star Medal and would like to have the Purple Heart he believes he is “entitled to.”  The applicant states he refused the Purple Heart when he was in the hospital in England because the man next to him lost a leg.  He also states that he is entitled to the “5 Major Battle Stars under Patton’s 7th-5th Bn.”  He also states that he “lost the Major Battle Stars somewhere”.  

EVIDENCE OF RECORD:  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 19 March 1942 and was discharged on 25 October 1945.

The applicant’s personnel records are not available to the Board and there is no WD AGO Form 53-55 (Enlisted Record and Report of Separation) in the records available to the Board.  As a result; the Board is unable to make a determination regarding the applicant’s entitlement to “Major Battle Stars” and this portion of his request is not discussed further.

The applicant’s service medical records were provided by the Department of Veterans Affairs.  His service medical records do not show that he was wounded or treated for wounds due to hostile action.  

The applicant’s medical records show he was transferred from the 103rd Evacuation Hospital and admitted to the 68th General Hospital in England on 18 August 1944 for a severe sprained ankle sustained in France on 14 August 1944 when he fell into a foxhole.  Records also show that the injury was “accidentally incurred” and that he was subsequently admitted to the Rehabilitation Center on 22 September 1944 for this same injury.

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.  There is evidence of record which shows the applicant was admitted to the hospital in England for an accidental injury to his ankle.  There is no evidence of record which shows the applicant was wounded or treated for wounds due to hostile action; therefore, he is not entitled to award of the Purple Heart.
2.  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.

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

JHL_____  JMA____  SK______  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-05960/AR1998012737	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1998/12/10	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.