MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            22 December 199         
	DOCKET NUMBER:   AR1999023753

	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. Raymond V. O'Connor, Jr.		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:  That he was wounded on 8 June 1944 at Normandy and his discharge papers do not reflect that he was wounded and treated in the field and restored to duty.  There is no record of his wound.  He would like to put in for the Purple Heart.

In support of his request, he has provided a copy a DVA Rating Decision dated    5 February 1999 providing him compensation for a shrapnel wound to the lower left leg.

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

He enlisted on 25 November 1942 and was awarded the military occupational specialty of message center clerk.  He served in the European Theater of Operations with the 3104 Signal Service Battalion from May 1944 to march 1946. He was honorably discharged at demobilization on 14 March 1946 in the grade of technician 5th grade.  

His awards include the American Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Good Conduct Medal, the World War II Victory Medal and the Marksmanship Badge with rifle bar.

The record shows that on 22 February 1944 he underwent an amputation of the great toe on the left foot.  It provides, however, no information relative to the cause for this procedure.  Nor does the record, to include his WD AGO Form 53-55, Enlisted Record and Report of Separation, contain any reference to his having been wounded in action or treated for a shrapnel wound to the left leg.

The DVA Rating Decision states that a 10 percent disability was granted for shrapnel wounds to the lower left anterior leg effective June 1998, and that his military separation documents do not show receipt of the Purple Heart.  The decisional document also states that the applicant’s service medical records for the period September 1943 to March 1946 are negative for treatment of a shrapnel wound.

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 applicant’ medical records were not provided; however, information concerning their contents pertaining to his injury was derived from the DVA Rating Decision.  That document states that his service medical records are negative for treatment of a shrapnel wound.

2.  The applicant was separated from active duty on 14 March 1946.  Neither his WD AGO Form 53-55 nor his Service Record lists the Purple Heart as an authorized award.  He authenticated the WD AGO Form 53-55 at the time of his separation.

3.  The United States Code, permits the DVA to award compensation for a medical condition which it determines was incurred in or aggravated by active military service.  Such a finding was made in the applicant’s case.  However, the DVA standards do not require that it establish that a wound was the result of hostile action, an essential prerequisite for award of the Purple Heart.  

4.  The applicant has provided no evidence and the record contains no evidence to show that the injuries he suffered were the result of hostile action.

5.  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

_rvo_____  _aao____  _ewl____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023753	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19991222	
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.