MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            22 October 1998 
	DOCKET NUMBER:   AC98-10997

	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.	Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms.	June Hajjar		Chairperson	
	Mr.	Fred K. McCoy		Member	
	Ms.	Shirley L. Powell		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 he be awarded the Purple Heart.

APPLICANT STATES:  That his records should be corrected to show that he was wounded/injured when the jeep he was in crashed as a result of enemy action instead of a mere jeep accident and that he should be awarded the Purple Heart.  He further states that the jeep accident occurred when the Germans fired upon them with artillery.  In support of his application he submits copies of medical documents showing that he was treated for his wound and that the wound was caused by a jeep accident.  He also submits a copy of his report of separation (WD AGO Form 53-55). 

EVIDENCE OF RECORD:  The applicant's military records were destroyed in the 1973 fire at the National Personnel records Center in St. Louis, Missouri which destroyed approximately 18 million records.  However, the documents submitted by the applicant shows:

The applicant was inducted on 20 July 1943 and he continued to serve until he was honorably discharged in the pay grade of T/5 on 23 March 1946.  He served in the European Theater of Operation from 28 July 1944 to 7 March 1946 and participated in the Northern France, Rhineland, and Central Europe Campaigns. He was awarded the Good Conduct Medal, the World War II Victory Medal, and the European African Middle Eastern Campaign Ribbon.

The medical documents submitted by the applicant shows that the applicant was treated at the 110th Evacuation Hospital in Luxembourg for laceration wounds to the leg and face that occurred in a jeep accident on 17 October 1944 near Luxembourg.  His wounds were sutured and his injuries were determined to be in line of duty.

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 a result of hostile action, that the wound required treatment by a medical officer, and that the medical treatment was 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.  While the applicant has provided sufficient evidence to show that he was in fact wounded/injured, he has failed to show that the injuries were a result of enemy action. 

3.  In the absence of more definitive evidence to show that he was wounded/injured as a result of enemy action, there is insufficient evidence warrant awarding him the Purple Heart.

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

__jh ____  __fkm___  __slp____  DENY APPLICATION

						Loren G. Harrell
						Director