MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 August 2000                   
	DOCKET NUMBER:   AR2000036863

	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. Carl W. S. Chun		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward 		Chairperson	
	Mr.  Melvin H. Meyer 		Member	
	Ms. Linda D. Simmons 		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 seriously injured with head trauma that left him with scar tissue on his brain.  He provides copies of the following documents in support of his application:  a 14 February 1989 x-ray consultation; a 29 March 1989 report of radiologic consultation; a 28 June 1990 denial of service-connected disability compensation from the Department of Veterans Affairs (VA); a 21 August 1990 supplemental statement from the VA; a 22 June 1990 newspaper clipping from The Daily Oklahoman; a 13 September 1945 newspaper clipping from The Yankee Boomer (newspaper for personnel of the Military Railway Service); General Order 379, Headquarters, Theater Service Forces, European Theater; a 6 June 1988 letter from an individual in Altoona, Pennsylvania; the applicant's WD AGO Form 53-55, Enlisted Record and Report of Separation; and a 28 December 1999 letter from the applicant to Senator Joseph Lieberman.

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

The applicant was inducted into the Army of the United States on 27 November 1942.  Following completion of all required military training, he was awarded military occupational specialty 069 (dispatcher railway) and sent to the European Theater of Operations, arriving there on/about 17 December 1943.

On 10 January 1945, the applicant was assigned to Headquarters Company, 727th Railway Operating Battalion in Lison, France.  On that date, a freight train struck another freight train in the railway yard.  A gasoline pipeline ruptured and ignited, causing ammunition on one of the trains to explode.  The applicant states that he was knocked unconscious by the explosion, but upon regaining consciousness, required no treatment.  He was honorably discharged on 13 September 1945.

In the late 1980's, the applicant suffered hypertension and seizures.  Medical tests of the applicant's brain revealed a low-density lesion consistent with an old infarct.  The applicant sought VA disability compensation for service-connection, but was denied.

Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  It states 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.

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.  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 would satisfy this requirement.

2.  The applicant was apparently in the vicinity of a railway accident in Lison, France that caused a munitions train to explode.  He states that he was rendered unconscious by the explosion.  While unfortunate, this was an accident and not an act of enemy hostility; it does not meet the qualifications for award of the Purple Heart.

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

__svw__  __mhm___  __lds____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000036863	
SUFFIX		
RECON		
DATE BOARDED	20000817	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.