MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:

	BOARD DATE:            25 May 2000       
	DOCKET NUMBER:   AR2000038699

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Mr. Kenneth L. Wright		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 her spouse, a deceased former service member, be awarded the Purple Heart.

APPLICANT STATES:  In effect, that her spouse was entitled to the Purple Heart. She submits several documents associated with the January 1944 hospitalization of her spouse at Letterman Army Hospital.

EVIDENCE OF RECORD:  The former service member’s military records show:

He served on active duty between 23 August 1943 and 18 January 1946 and was assigned overseas between March 1945 and January 1946.  

His WD AGO 53-55 does not reflect entitlement to the Purple Heart and item 34 (wounds received in action) reflects "NONE."

Documents submitted in support of the applicant's request indicate that her spouse was hospitalized for several days in January 1944 after sustaining a head injury which was incurred when he "fell from a ladder at the Ferry Building, San Francisco, California.”

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.  Wounds or injuries which were accidentally incurred, even though they may have been incurred during war time, do not meet the requirements for 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 former service member was injured as a result of an accident and as such is not entitled to 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

__eja___  __ewl___  ___klw__  DENY APPLICATION

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

INDEX

CASE ID	AR2000038699	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000525	
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.