MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:             29 March 2000                  
	DOCKET NUMBER:    AR1999028443

	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. Robert G. Hinkle		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. James P. Steuve		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 never received a Purple Heart for a bullet wound nor his concussion injury incurred during World War II.

In support of his request, he has included copies of four hospital treatment cards, three of which describe his injury and treatment for a gunshot wound to the right arm and the other describes the circumstances of his concussion injury.

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

He was inducted on 18 April 1942, received training as a demolition specialist and served in the European Theater of Operations from October 1942 to June 1945.  He was honorably discharged with a Certificate of Disability Discharge on 10 October 1945 in the grade of technician 5th grade.

His awards include the European-African-Middle Eastern Campaign Medal, the Good Conduct Medal and the Distinguished Unit Badge.

Two of the three hospital record cards describing the applicant’s arm wound say that the wound occurred in the unit area when a American soldier’s German pistol accidentally discharged striking the applicant in the right arm.  The third card implies that the injury accidentally occurred when a German .32 caliber pistol discharged while the applicant was disarming prisoners.

The statement concerning his concussion contends that it was accidentally incurred when the truck he was driving in blackout conditions overturned and he hit his head.

Information from hospital admission cards collected by the Office of the Surgeon General for the years 1942 – 1945 shows that the applicant was treated for a non-battle injury to the upper arm on 3 May 1945 the causative agent of which was a bullet, pistol or revolver while handling firearms or ammunition.

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 documents provided by the applicant describing the circumstances of his arm wound appears to show that another American soldier who had taken a pistol from a German prisoner of war accidentally wounded him.  There is no evidence to show that the wound was caused by enemy action.

2.  The document describing his concussion injury clearly shows that it also was accidentally incurred when his truck overturned.  The concussion was not the result of enemy action.

3.  Accidental injuries received in a combat zone, not directly attributable to an act of the enemy are not considered wounds received in action and, therefore, do not entitle an individual to 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

__rgh____  __mdm__  __jps ___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028443	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000329	
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.