MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            15 March 2000                  
	DOCKET NUMBER:    AR1999027367

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Van B. Cunningham		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 for shrapnel wounds sustained during World War II.

APPLICANT STATES:  In effect, that he was wounded in the neck and right leg during WWII but since his records have been lost he is unable to substantiate that he is entitled to the Purple Heart.  

In support of his request, he has provided a copy of his DVA Rating Decision  dated 29 April 1997, awarding him compensation for service connection for residuals of shrapnel wounds to the neck and right leg.

COUNSEL CONTENDS:  That the applicant should be awarded the Purple Heart based on the DVA rating determination.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the 1973 fire at the National Personnel Records Center (NPRC).  Information herein was obtained from alternate sources and information provided by the applicant.

His WD AGO Form 53-55, Enlisted Record and Report of Separation, shows that he was inducted on 18 January 1944, served in the European Theater of Operation for approximately 1 year and 8 months and was honorably discharged upon demobilization on 3 March 1946 in the grade of technician 5th grade.

His awards include the Combat Infantryman Badge, the Bronze Star Medal, the Good Conduct Medal, the Presidential Unit Emblem (formerly the Distinguished Unit Badge), the European-African-Middle Eastern Campaign Medal, the World War II Victory Medal and the Honorable Service Lapel Button.  There is no entry showing the Purple Heart.

The WD AGO Form 53-55 contains the entry “none” in block 34 – wounds received in action.  

In response to previous requests to the NPRC for evidence of wounds and to confirm his claim that he was a POW, morning reports of his units of assignment were researched.  No information was found to authenticate either of his assertions.

The DVA Rating Decision provided in support of his request, indicates that the shrapnel wound scar on his neck is very faint and very hard to see but  

is rated as a painful scar.  The DVA examiner stated that the shrapnel wound to the right leg has been established as directly related to military service. This condition is also evaluated as a painful scar.  

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.

Title 38, United States Code, permits the DVA to award compensation for a medical condition which was incurred in active military service.  The DVA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned.  The DVA is not required to make a finding that the injury or wound resulted from hostile 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.  The available records contain no evidence showing that the applicant was wounded as a result of hostile action.  Additionally, research of alternate sources at the NPRC has also failed to turn up evidence to show that he was wounded in action and entitled to the Purple Heart.

2.  The evidence submitted by the applicant from the DVA confirms that he has been awarded disability payment based on injuries that the DVA has attributed to residuals of shrapnel wounds.  However, the DVA determination does not establish that the injuries were the result of hostile action, a prerequisite for the Purple Heart.  Without such a finding there is no basis for this Board to award the Purple Heart. 

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 satisfies this 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

__rvo____  _mkp ___  __vbc___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999027367	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000315	
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.