MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           15 March 2000                  
	DOCKET NUMBER:   AR1999028642

	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.

	Ms. Wanda L. Waller		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:  As the son of a deceased former service member (FSM), that his father be awarded the Purple Heart and any awards to which he may be entitled for his service in France during World War I.  

APPLICANT STATES:  In effect, that the FSM is entitled to award of the Purple Heart because he was mustard gassed during World War I and sent to a base hospital in France.  In support of his application, he submits a copy of the FSM’s death certificate, a copy of the FSM’s AGO Form 01252 (Discharge Certificate), a copy of the FSM’s Certification of Military Service, a copy of the FSM’s AGO Form 01253 (Transcript of Military Record), a copy of General Orders Number 38-A dated 28 February 1919, a copy of the FSM’s Troop Billet, and a copy of the FSM’s Individual Pay Record Book.

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

The FSM’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the FSM was inducted on 27 April 1918.  He served in an infantry position in France from July 1918 to April 1919 and was honorably discharged on 15 April 1919.

The FSM’s available records do not contain a discharge document.  However, a Certification of Military Service and Transcript of Military Record is available to the Board.  Item 16 (Decorations and Citations) of the FSM’s Transcript of Military Record shows “None”.   

The FSM’s records contain a DA Form 1577 (Authorization for Issuance of Awards), dated 21 February 1996, which shows he was issued the World War I Victory Medal with Battle Clasps for St. Mihiel, Meuse-Argonne, and Defensive Sector and the World War I Victory Button (Bronze).  Review of the FSM’s available records and Army Regulation 600-8-22 (Military Awards) does not reveal entitlement to any additional awards.  Therefore, this portion of the applicant’s request for additional awards for the FSM’s service in France will not be discussed further in the proceedings. 

There is no evidence in the available records which shows the FSM was awarded the Purple Heart or was wounded as a result of hostile action. 

Item 17 (Wounds Received in Action) of the FSM’s AGO Form 01253 (Transcript of Military Record) shows “None”.

The applicant provided a copy of the FSM’s Individual Pay Record Book which shows the FSM was hospitalized in France during November and December 1918.  However, there is no evidence that the FSM’s hospitalization was the result of hostile action.
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, and the medical treatment must have been made a matter of official record.  The regulation also states that an injury caused by enemy released chemical, biological, or nuclear agent clearly justifies award of the Purple Heart. 

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 Board noted the applicant’s contention that the FSM was mustard gassed and hospitalized during World War I.  The evidence of record shows that the FSM was hospitalized during November and December 1918 in France.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows the FSM was wounded or treated for wounds as a result of hostile action during World War I.  Therefore, the FSM is not entitled to award of the Purple Heart.  

2.  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	AR1999028642	
SUFFIX		
RECON		
DATE BOARDED	20000315	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19190415	
DISCHARGE AUTHORITY	AR  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.