MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 September 2000                   
	DOCKET NUMBER:   AR2000044476

	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. Hubert O. Fry, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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:  In effect, that his records be corrected to show he was awarded the Purple Heart.

APPLICANT STATES:  That he was wounded by a German soldier while in Frankfurt, Germany.

COUNSEL CONTENDS:  That a review of the record shows the applicant had a history of hospital treatment on 20 March 1945, 11 August 1945 and 21 August 1945 for multiple lacerations of the face.  The records also show that he received prisoner of war (POW) points, which counsel believes shows he guarded or had close contact with enemy soldiers who may have in fact caused him bodily harm under a liberal interpretation of the regulation.

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

The applicant was inducted into the Army on 5 January 1943 and entered active duty on 12 January 1943.  His military specialty was cook.  He arrived in the European theater of operations on 29 May 1944.

Several Admission and Disposition Reports concerning the applicant are available.  On 20 March 1945, he was admitted to the 102d Evacuation Hospital, Bad Neuenahr for a “poss conc & lac forehead” (most likely, possible concussion and lacerated forehead).  

On 22 March 1945, the applicant was admitted to the 102d Evacuation Hospital, Bad Neuenahr for acute alcoholism.  (The morning report dated 23 March 1945 for the 103d Evacuation Hospital, Bad Neuenahr is xeroxed on the same document as the morning report dated 22 March 1945 for the 102d Evacuation Hospital.  The 103d Evacuation Hospital’s morning report shows, in part, that “8 O pnts” (officer patients), “99 EM pnts” (enlisted man patients), and “5 POW pnts” (prisoner of war patients) were “disposed of.”)

On 11 August 1945, the applicant was admitted to the U. S. Army Hospital, Frankfurt for multiple lacerations of the right side of the face.  

On 21 August 1945, the applicant was admitted to the U. S. Army Hospital, Frankfurt for a laceration wound to the right supraorbital area.

The applicant’s name is listed on numerous Daily Sick Reports but no details are given.  His name is listed on several Morning Reports as being absent sick to duty or duty to absent sick as a non-battle casualty, slightly sick, or non-battle casualty, slightly injured.

On 12 December 1945, the applicant was discharged.

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 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. 

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.  There is no evidence of record to show the applicant was wounded in action and he provides no such evidence.  He states that he was wounded by a German soldier while in Frankfurt, Germany.  Two Admission and Disposition Reports do verify he was hospitalized at the U. S. Army Hospital in Frankfurt; however, he was hospitalized in Frankfurt in August 1945, two months after hostilities ended.

3.  Counsel states that the record shows the applicant received POW points, which counsel believes shows he guarded or had close contact with enemy soldiers who may have in fact caused him bodily harm under a liberal interpretation of the regulation.  The Board believes counsel misread the “5 POW pnts” (i. e., “patients”) entry on one of the morning reports.  There is no other evidence to indicate the applicant guarded or otherwise had close contact with enemy soldiers.  In any case, again, the time of his contended wound was after hostilities had ended.

4.  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

__hof___  __jpi___  __rks___  DENY APPLICATION

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

INDEX

CASE ID	AR2000044476	
SUFFIX		
RECON		
DATE BOARDED	20000919	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.