MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            22 August 2000                  
	DOCKET NUMBER:   AR2000044046

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Kenneth W. Lapin		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 injured in late September or early October 1944 when the jeep he was riding in accidentally ran into a stalled convoy vehicle.  He hurt his left leg and was hospitalized after it became almost too difficult to walk.  One day the hospital commander came through the ward and awarded the Purple Heart to all patients.  He refused his because it was his belief that his injuries had to have been caused by direct enemy action.  In March or early April 1944, his unit captured a German field howitzer.  Although it had no sighting equipment, it was used against the enemy about two miles away.  When it was fired, the explosion was so severe that it caused his ears to bleed.  In about a week the ear became infected and he visited the battalion aid station where he received a penicillin shot.  Around October 1950, his unit landed in Iwon, North Korea and had North Korean laborers unload the ammunition being landed at the shore.  One night the Korean natives either threw, or let slip out of their grasp, a box of 90 millimeter tank ammunition.  He turned at that precise moment and caught the box.  His back snapped.  In a few weeks he lost feeling in his legs and he was hospitalized.  Before they could operate, he left the hospital on his own after signing a statement that the Army was not responsible.  He provides no supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  No records other than several of the applicant’s self-authored statements are available.

Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an armed enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  When contemplating an award of the Purple Heart, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.

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.  There are no personnel or service medical records available; however, the applicant’s own description of the incidents for which he requests award of the Purple Heart suggest that those incidents do not meet the criteria for award of the Purple Heart.
2.  The first and third incidents were not caused by armed enemy action nor was the applicant involved in armed action at the time of the incidents.  

3.  The second incident occurred during an action against an armed enemy.  However, the howitzer blew up upon being fired.  Enemy action did not cause it to blow up.  

4.  Without having all the facts the Board will make no comment on the applicant’s contention that concerning the first incident the hospital commander handed out Purple Hearts to all patients except to state that none of the three incidents for which he is now requesting the Purple Heart met the eligibility criteria for award of that medal.  

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

__ew____  __mvt___  __kwl___  DENY APPLICATION

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

INDEX

CASE ID	AR2000044046	
SUFFIX		
RECON		
DATE BOARDED	20000822	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.