MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            6 July 2000                  
	DOCKET NUMBER:   AR200043037

	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.  W. E. Schnupp.		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. John P. Infante		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 his father, the former service member (FSM), be awarded the Purple Heart posthumously.

APPLICANT STATES:  The FSM’s discharge now shows that he received no wounds in action.  That discharge should be corrected to include the fact that the FSM was wounded by shell concussion in action in France in 
August 1918.

In support of his request, the applicant has provided a copy of the FSM’s Honorable Discharge and Enlistment Record (Form No. 525, AGO), an affidavit from a physician certifying that the FSM suffered from shell concussion which damaged his hearing, an affidavit from a fellow soldier who claims to have had knowledge of the concussion injury suffered by the FSM, a letter written by the FSM to the US Veterans Bureau explaining why his injury was not noted on his discharge, and a copy of the award of compensation by the Veterans Bureau to the FSM for disabilities resulting from injuries incurred in the line of duty.

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

The FSM enlisted on 3 April 1917.  He served in Europe with the Allied Expeditionary Forces from October 1917 to April 1919 and was honorably discharged as a private on 15 May 1919.  His discharge indicates that his last unit of assignment was the Medical Detachment, 117th Engineers.  His awards include the World War I Victory Medal with Battle Clasps and the World War I Victory Button.

The lead line  - wounds received in service – of his Enlistment Record contains the entry “None”.  

The two affidavits as well as the letter from the FSM’s to the Veterans Bureau provided in support of the applicant’s request, are all dated in 1933 and were written in support of the FSM’s application to the Veterans Bureau for continuation of his service connected disability.  The award of compensation was initially authorized on 12 June 1920.

The physician’s affidavit dated 18 July 1933 states that the FSM “suffered from shell concussion damaging hearing.  Was evacuated to hospital Aug 27/18 returning Oct 7/18”.  The writer signed the letter as formerly captain MC, USA, 117th Engineer Regiment, 42nd Division.

The second affidavit, from a fellow soldier states that he served with the FSM prior to, during and following their service in Europe.  He contends that the FSM was sent to a hospital in France in August 1918 for treatment of a hearing problem brought on by a shell concussion received near Sergey, France. The writer states that while he was not serving in the same company as the FSM at the time, he understood the FSM’s treatment was because his hearing had become worse due to the concussion.

The FSM contended in his letter to the Veterans Bureau seeking continuation of his service connected compensation that the reason his injury was not listed on his discharge was that after serving 18 months in Europe he did not want to spend several weeks or months in the hospital before going home.  Further, he did not realize the seriousness of his condition or the handicap it would cause after he returned to civilian life.

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.  Unfortunately, the evidence provided with this application is less than compelling.  There is no clear connection established by the supporting affidavits that the writers had first hand knowledge that the FSM’s injury was the result of enemy action.

2.  The physician’s affidavit indicates that the FSM suffered a shell concussion injury but provides no information how he knew of the FSM’s injury.  He doesn’t say that he was the treating physician or the medical officer responsible for ordering the FSM’s evacuation or just how he became aware of the FSM’s injury. While it appears he was in the same unit as the FSM’s, since both make references to being assigned to the 117th Engineer Regiment, 42nd Division, there is no evidence that he had direct knowledge of the circumstances of the FSM injury.

3.  At the same time, the affidavit from the FSM’s comrade at the time clearly shows that he was not with the FSM at the time of his injury and that he “understood” the injury was the result of a shell concussion.

4.  In the absence of unambiguous evidence showing that the FSM’s injury was the result of enemy action, and in consideration of the strict criteria for awarding the Purple Heart, there are no grounds upon which this Board can make a finding that he is entitled to the Purple Heart.

5.  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

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR200043037	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000706	
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.