MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            22 March 2000                  
	DOCKET NUMBER:   AR1999027751

	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. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Arthur A. Omartian		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 the Former Service Member’s (FSM) discharge be amended to note the injuries that occurred during his service.

APPLICANT STATES:  That she is the daughter of the FSM.  She states that the FSM’s discharge under “wounds received in service” was documented as “none”. But as noted in her letter, the FSM suffered a closed head injury, which resulted in a seizure disorder for the rest of his life, and chronic back pain both received during a bomb blast in England.

In support of her request, the applicant has provided a letter setting out the circumstance of the FSM’s injury, as she understands it, a copy of her Power of Attorney, and copies of the FSM’s: Report of Physical Examination and Induction which does not mention a seizure problem, his Enlisted Record and Honorable Discharge Certificate, his Soldier Qualification Card, a Clinical Record Brief showing the diagnosis of his injury, a Consultation Request and Report reflecting the consulting physicians’ opinion of the injury and a Certificate of the his Military Service. 

EVIDENCE OF RECORD:  The FSM’s military records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  Information herein was derived from documents submitted by the applicant.

The available information shows that the FSM was inducted on 4 November 1942 and served in the European Theater of Operation from 1 June 1943 to      24 January 1944.  He was honorably discharged with a Certificate of Disability Discharge on 14 February 1944 in the grade of private.  His awards include the European-African-Middle Eastern Campaign Medal and the Honorable Service Lapel Button.

The Clinical Record Brief provided by the applicant shows that on 24 January 1944 the FSM was admitted to Halloran General Hospital, England, with a final diagnosis - “Under observation for Epilepsy, grand mal, idiopathic, severe”.  The brief contains no circumstances of how the injury was incurred.

On 3 February 1944 the FSM was examined by a consultant who opined - “Record reviewed and patient examined.  It is difficult to say whether this man’s epilepsy is the result of a head injury, but because he did not have any attacks until he was about 19, and because the overseas pneumo-encephalogram did not show any localized disturbance, I think it is best to make two diagnoses as below.  I rather doubt if the Neurosurgeon would contemplate any surgery on this patient as it is such a long standing case.  Neurological examination is essentially 

normal except for a slight dilatation of the right pupil.  Diagnosis: 1.  Epilepsy, grand mal, moderately severe, cause undetermined, manifested by recurrent disorders of consciousness with tonic and clonic convulsions and tongue biting, rendering him unfit for any type of military service.  LOD No, EPTI.                      2.  Posttraumatic head syndrome, moderately severe, a. i. in an automobile accident in 1932, at Sharon, Kansas.  LOD No, EPTI.  Advice:  CDD with diagnosis (1) or (2) or both”.

Army Regulation 600-45, 22 September 1943, Decorations, provides in pertinent part, that the Purple Heart is awarded to members of the armed forces of the United States and to civilians who are citizens of the United States serving with the Army, who are wounded in action against an enemy of the United States, or as a direct result of an act of such enemy, provided such wound necessitates treatment by a medical officer.  A wound is defined as an injury to any part of the body from an outside force, element or agent sustained as the result of a hostile act of the enemy or while in action in the face of the enemy.

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.  Unfortunately, none of the available evidence in this case establishes that the FSM’s seizure disorder was the result of a hostile act of the enemy.

2.  The entry “None” on the FSM’s Enlisted Record under “Wounds received in service” appears to be correct.  This section of the Enlisted Record is intended to provided a brief description of wounds or injuries, requiring medical treatment, received through hostile or enemy action, and will include the date and the theater of operations in which the wound/injury occurred.  It is not intended that all injuries suffered by a soldier during his term of service be reflected.

3.  The form used to record the origin of a disability and to describe the circumstances of an injury or disease is the Certificate of Disability Discharge (WD AGO Form 40); however, it is not a matter of record.  Were it available, it may establish whether or not the FSM’s injury was combat related.  Nonetheless, without it, or some other evidence substantiating that the FSM’s injury was a direct result of combat action, there is no basis for this Board to award the Purple Heart.

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

__jma____  _tsk____  _aao____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999027751	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000322	
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.