MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  16 December 1999
	DOCKET NUMBER:   AR1999024039

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Fred M. McCoy		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Raymond V. O’Connor, 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 in action.  He provides a copy of a medical report in support of his application.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the July 1973 fire at the National Personnel Records Center.  Information herein was obtained from reconstructed personnel records:

He was inducted and entered active duty on 8 February 1944.  He was trained as a light truck driver and served in Europe from 10 November 1944 until 14 August 1945.  He served in three campaigns and was also awarded the Good Conduct Medal.  The Purple Heart is not listed on his WD AGO Form 53-55 (separation document) and block 34 (wounds) states NONE.  He authenticated his discharge document with his signature and thumb print on the date of his separation, 27 April 1946.

The applicant provides a copy of a December 1945 Army clinical record that contains the pertinent history for his treatment.  This document states that minor plastic surgery was performed on his nose to repair a laceration that the patient claimed was caused when the jeep he was driving turned over because of enemy fire on 29 April 1945.

Another clinical record in the applicant’s records state that the injury was accidentally incurred when the jeep he was riding in overturned.

Army Regulation 600-8-22 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.  Neither the available record nor that provided by the applicant supports his contention that he was wounded as a result of enemy action and entitled to the Purple Heart.

2.  The record of his surgery to repair a scar on his nose 8 months after the incident in question is, at best, contradictory and serves as an insufficient basis for a conclusion that the scar was the result of enemy action.

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

__FM___  ___SK___  ___RO__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999024039	
SUFFIX		
RECON		
DATE BOARDED	19991216	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.