MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            21 July 1999                  
	DOCKET NUMBER:   AR1999023080

	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. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis W. Barbee		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Robert G. Hinkle		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 for injuries that he received during World War II.  

APPLICANT STATES:  That he was moving vehicles from Lyon, France, to Dijon, France during the latter part of March or sometime in April of 1945 when the vehicle in which he was riding was in an accident.  He was admitted to the Army hospital in Dijon and remained there for 7 or more days.  Injuries received were a fractured knee and cuts to the face, requiring stitches.  This information will not be found in his service record because he and others were being transferred and an officer had each man’s record at the time he was admitted to the hospital; and his record stayed with the group.  

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

The applicant entered on active duty on 22 July 1942 and served in the European Theater of Operations during World War II.  He retired from the Army on 31 July 1972 with a total of 30 years and 9 days of service.  The applicant received numerous awards during his career, to include the Korean Service Medal, the United Nations Service Medal, seven awards of the Good Conduct Medal, three awards of the Meritorious Unit Commendation, the Vietnam Service Medal, and the Army Commendation Medal, in addition to those awards that he received for his World War II service.  His DD Form 214 does not show that he was awarded the Purple Heart.  

The applicant’s Report of Physical Examination of 7 June 1946 shows that he sustained a skull fracture in June 1943, and a fracture of his left knee in June 1943 and March 1945.  The circumstances of those injuries are not given.

The applicant’s Report of Physical Examination of 11 February 1947 shows that he sustained a fractured skull in a street accident in Washington, D.C. on            15 June 1943; and an allegedly fractured knee, sustained in a jeep accident in April 1945 and was treated at the general hospital in Dijon, France.

The applicant’s Report of Physical Examination of 6 October 1947 fails to mention any wounds or injuries sustained by the applicant.  In item of that report, “List all significant diseases, wounds, and injuries, the word “None” is entered.

The applicant’s service record covering the period from 17 June 1946 to            16 June 1949 shows that he was awarded the European African Middle Eastern Campaign Medal, the Good Conduct Medal, the World War II Victory Medal, and the Army of Occupation Medal.  It does not show award of the Purple Heart.  The applicant’s WD AGO Form 53 (Enlisted Record and Report of Separation) of      16 June 1949 does not show award of the Purple Heart.  In item 34 of that form, “Wounds Received in Action”, the word “None” is entered.

Army Regulation 600-8-22 provides 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.  Paragraph 2-8b of that regulation provides examples of injuries or wounds which clearly do not qualify for award of the Purple Heart, one of which is accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. 

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 no medical evidence to show that the applicant was injured in a vehicle accident during World War II.  Nonetheless, even if such evidence did exist, his injuries, as he himself states, were a result of a vehicular accident, and not as a result of hostile action.  He is not entitled to award of the Purple Heart.

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

3.  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.

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

__cwb____  __jma___  __rgh__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023080	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990721	
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.