MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:            11 February 1999                  
	DOCKET NUMBER:   AR199915620

	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. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Van B. Cunningham		Member	
	Ms. Carol Jo Suiter		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 her biological father, a deceased former service member, be awarded the Purple Heart.

APPLICANT STATES:  She never knew her biological father and only recently discovered his identity and is retrieving information about him via his service records.  She notes that a 1948 medical treatment form indicates he “was shot through the right chest with a rifle bullet….”  She states that she believes he may be entitled to the Purple Heart because he was on active duty at the time of the injury and that it occurred during war time.

EVIDENCE OF RECORD:  The applicant's military records were partially destroyed during the 1973 fire at the National Personnel Records Center.  Information reconstructed from alternative sources, and original documents in the service member’s file, which were not completely destroyed by the fire indicate:

He entered active duty on 11 December 1939 and served nearly three years in Alaska before be transferred to the European Theater of Operations in December 1944.

An original service medical record notes the service member was accidentally shot on 31 December 1944 by an outpost sentry when he (the service member) was returning from patrol near Wingen, France.  Although the complete document is not readable a partially remaining notation appears to indicate the service member was challenged by the sentry prior to being accidentally shot.  There is no indication that any enemy action was involved or that either the deceased service member or the sentry were directly engaged in armed conflict at the time of the accident.  As a result of his injuries the service member was evacuated and ultimately returned to the United States in September 1945.

On 2 October 1945 he was released from active duty as a result of demobilization.  His WD AGO Form 53-55, which he authenticated with his signature and thumb print, does not reflect entitlement to the Purple Heart and item 34 (wounds received in action) reflect “NONE.”

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.  Specifically prohibited from award of the Purple Heart are those injuries which were accidentally incurred or did not meet the requirements to be determined as having occurred as a result of “friendly fire.”

Included as part of the Department of Defense Appropriations Act for fiscal year 1994 was an amendment to the rules governing award of the Purple Heart.  While the original rules established that the Purple Heart would be awarded to individual's killed or wounded as a result of hostile action the amendment enabled the Secretaries of each department to award the Purple Heart to members of the armed forces who were killed or wounded in action by weapon fire, while directly engaged in armed conflict, other than as the result of an act of an enemy of the United States.  This ruling, in effect, granted the service Secretaries the authority to award the Purple Heart to individual directly engaged in armed conflict who were killed or wounded as a result of "friendly fire."

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.  The evidence confirms the service member was accidentally shot on 
31 December 1944.  There is no evidence that any enemy action was involved an as such there is no basis to award 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:

________  ________  ___vbc__  GRANT

________  ________  ________  GRANT FORMAL HEARING

___inw__  ___cjs__  ________  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999015620	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990211	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.107.00		
2.		
3.		
4.		
5.		
6.