MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            14 September 2000
	DOCKET NUMBER:   AR2000044783

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Elzey J. Arledge, Jr.		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:  As the next of kin of a deceased former service member (FSM), that the FSM be awarded the Purple Heart.

APPLICANT STATES:  That her husband, the FSM, was stationed in France and was a passenger on a truck that hit a land mine.  She states that the FSM was the only survivor and was not expected to survive due to split kidneys, broken ribs and lacerations.  She states further that the FSM eventually succumbed to kidney failure and there is no evidence regarding his wounds, but a telegram was sent by the Army to the family alerting them to this incident.  In support of her application, she submitted a 21 July 2000 letter explaining the next of kin status; two marriage certificates; a 3 November 1999 letter of explanation regarding the FSM’s service; a copy of the FSM’s discharge document; a 5 December 1979 letter from the Veterans’ Service Commissioner of Malden, Massachusetts, showing the FSM was rated 10 percent disabled, service connected, and, as a result received $44.00 per month from the Veterans Administration; an application for compensation, a 2 May 1996 handwritten note by an official of Malden Veterans’ Services regarding a visit by the applicant’s daughter to pick up forms; a note from a Member of Congress, a 14 July 1999 letter from the Military Awards Branch denying award of the Purple Heart to the FSM due to lack of evidence; copies of the FSM’s birth certificate and death certificate; a copy of a 2 August 1956 Veterans Administration Certificate of eligibility.

EVIDENCE OF RECORD:  The FSM’s military records show:

The FSM was inducted on 11 November 1942.  He served in the European-African-Middle Eastern Theater of Operations as a truck driver from 16 April 1944 to 1 December 1945 and was honorably discharged on 17 December 1945.

The FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) does not show award of the Purple Heart in item 33 (Decorations and Citations).  Item 34 (Wounds Received in Action) of his discharge document shows the entry “None”.  The applicant authenticated his WD AGO 53-55 in his own hand at the time of his discharge from the Army.

The FSM’s WD AGO 24 (Service Record) is complete and legible.  There is no indication in this record that the FSM was wounded as a result of hostile action or was awarded the Purple Heart.

Hospital Admission Cards from the records of the Surgeon General of the Army show the FSM was admitted to a General Hospital in Europe on 4 September 1944 with simple fracture of ribs and costal cartilage and contusions of the back. This record shows the FSM’s injuries were classified as “non-battle” and were the result of being a passenger in a vehicle which was in an accident.  The FSM was discharged from the hospital on 4 November 1944.

Army Regulation 600-8-22 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, 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.  There is no evidence the applicant was awarded the Purple Heart or that he was wounded or injured as a result of hostile action.

2.  Hospital admission cards show that the applicant was injured as the result of a vehicle accident, not hostile action.  Evidence of record shows that the FSM authenticated his WD AGO Form 53-55 at the time of his separation attesting to the facts that he was not entitled to the Purple Heart and was not wounded as a result of hostile action.  The preponderance of evidence shows that the FSM is not entitled to award of the Purple Heart.

3.  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 the aforementioned requirement.

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

__MKP__  __EJA___  ___RVO_  DENY APPLICATION

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

INDEX

CASE ID	AR2000044783	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000914	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451217	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	DEMOBILIZATION	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR CHUN	
ISSUES         1.	107.000	
2.		
3.		
4.		
5.		
6.