MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            26 August 1999                  
	DOCKET NUMBER:   AR1999019721

	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:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Samuel Caldron		Member	
	Ms. Barbara J. Ellis		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:  In effect, that her husband, the former service member (FSM), be awarded the Purple Heart and that she be provided a copy of his death certificate.

APPLICANT STATES:  That when her husband was killed on active duty on     21 July 1945 he was never awarded a Purple Heart posthumously.  He died of a gunshot wound while aboard a troop ship during World War II.  

In support of her request, the applicant has provided a copy of a letter commemorating the FSM’s death signed by President Truman, a copy of her Certificate of Marriage (Illegible), a copy of the Notification of Death telegram from The Adjutant General (TAG) of the Army, a copy of a letter from TAG dated 28 July 1945 outlining the report of investigation of the FSM’s death, a letter from The Quartermaster General of the Army advising of the option for the disposition/reburial of the FSM and a statement from a military personnel technician supporting the request for the award of the Purple Heart posthumously.

EVIDENCE OF RECORD:  The FSM's military records were damaged in the 1973 fire at the National Personnel Records Center.  However, many documents though damaged by fire and/or water are still legible.  These records show that the FSM entered the Army on 12 November 1943 and served in North Africa and Italy and rose to the grade of private first class.  He died of injuries suffered in the line of duty on 21 July 1945.

His awards include the European-African-Middle Eastern Campaign Medal with   4 bronze service stars, the Good Conduct Medal and the Marksman Badge with rifle bar.

The report of investigation into the FSM’s death shows that while in his compartment on a troop ship in the Mediterranean on the afternoon of 20 July 1945, he received severe injuries to the head as a result of a gunshot wound incurred when another soldier accidentally caused a weapon to discharge. The FSM received medical aid but died on 21 July 1945 on Gibraltar.

The record contains a WD AGO Form 52-1, Report of Death, dated 25 August 1943.

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.  The awards regulation also authorizes the American Campaign Medal to be awarded for service in the American Theater between 7 December 1941 and 2 March 1946; and, the World War II Victory Medal for service between 7 December 1941 and 31 December 1946.

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.  After reviewing the available records, it cannot be determined if a copy of the FSM’s Report of Death, which is contained in the file was ever provided to his next-of-kin.  

2.  The facts of this case as set out in the report of investigation show that the FSM’s injury was accidentally incurred and was not the result of enemy action.  Unfortunately, accidental injuries, even though they may have occurred in a combat zone, are not considered wounds received in action and, therefore, do not entitle the individual to the Purple Heart.

3.  Notwithstanding the foregoing, he is entitled to other awards such as the American Campaign Medal and the World War II Victory Medal based on his World War II service, in addition to those awards already shown in his service record.  All of his awards will be issued as indicated in the note below.

4.  In view of the foregoing, there is no basis for granting the applicant's request for the Purple Heart.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  Since it appears that the FSM or his next-of-kin were never issued the awards to which he is entitled, the Army Review Board Agency, St. Louis, will be directed to issue the following awards to the applicant:  The European-African-Middle Eastern Campaign Medal with 4 bronze service stars, the Good Conduct Medal, the American Campaign Medal, the World War II Victory Medal and the

Marksman Badge with rifle bar.  Additionally, a copy of the FSM’s Report of Death, WD AGO Form 52-1, will be provided to the applicant.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_slp_____  _sc_____  _bje_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999019721	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990826	
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.  100.00		
2.   107.00		
3.		
4.		
5.		
6.