MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            5 August 1999                  
	DOCKET NUMBER:   AR1999019079

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Ernest W. Lutz, Jr.		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:  In effect, that while serving in Korea in 1952 he suffered a broken arm while attempting to clear an artillery piece that had jammed while providing direct combat fire support.  He reinjured the same arm later in the action when he had to remove his cast in order to fire his rifle.  He contends that his arm injury was a direct result of combat and should be recognized with award of the Purple Heart.

In support of his request, he has included a statement from his artillery battery commander at the time, confirming the circumstances under which the applicant broke his arm.

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

He retired with over 22 years of service on 31 October 1962 in the grade of captain.  He served in Korea from May 1952 until June 1953.

Block 27 of his DD Form 214 (wounds received as a result of action with enemy forces) reflects the entry “None” and, among the numerous awards shown in his official records, there is no mention of the Purple Heart.

On 21 June 1960 the applicant requested through channels to The Adjutant General of the Army that he be awarded the Purple Heart.  His request cited the same circumstances concerning his injury as are contained in his application to this Board.  The request was denied on 7 July 1960.

Army Regulation 600-8-22, Military Awards, 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.  The facts of the case as set out by the applicant and his commander at the time of the action do not show that he was wounded in action against an armed enemy or that the injury he received was a direct result of enemy action.  

2.  Accidental injuries received in a combat zone, not directly attributable to an act of the enemy are not considered wounds received in action and, therefore, do not entitle an individual to the Purple Heart.

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

_mdm   __  _aao____  _ewl____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999019079	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990805	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.