MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 November 2000                   
	DOCKET NUMBER:   AR2000045172

	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. Thomas A. Pagan		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Thomas E. O’Shaughnessy, 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:  That he be awarded the Purple Heart.

APPLICANT STATES:  That while in New Guinea, his combat engineer unit was constructing a landing strip.  He was told to accompany one of the road grader operators.  As the graders were moving, a shell burst landed about 20 feet in front of the grader.  Shrapnel was flying and he felt a sting on his right hand.  He lost his grip on the grader and fell under the wheels.  His legs were wedged between the wheels.  When he was pulled from beneath, his legs became numb and he noticed blood on his hand.  Nothing was broken but he could not walk for many days.  Not much attention was given to his hand because the doctors’ main concern was his legs.  His hand was bandaged and the injury healed in a few weeks.  After weeks in the hospital he was sent back to his unit.

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

The applicant was inducted and entered active service on 1 July 1942.  He arrived in the Asiatic-Pacific Theater of Operations on 2 May 1943.

An extract from his medical records indicate he was hospitalized on 28 July 1945 for a possible fractured ankle.  The diagnosis was a bruised ankle incurred on   28 July 1945 when the applicant jumped off a road grader, slipped, fell and the grader ran over both ankles.

The applicant separated on 20 December 1945.  His Physical Examination of Enlisted Persons Prior to Discharge, Release from Active Duty or Retirement, WD AGO Form 38, listed his left and right ankle injuries.  The VA awarded him a service connection disability rating for his ankle injuries.  

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 by a medical officer, and the medical treatment must have been made a matter of official record.  An example of enemy-related injuries which would justify award of the Purple Heart would be an injury caused by vehicle or aircraft accident resulting from enemy fire.  

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 applicant would have met the criteria for award of the Purple Heart based solely on his ankle injuries if there were substantiating evidence to show they were the result of hostile action.  However, the only evidence available to show they were the result of enemy action is the applicant’s self-authored statement.  His medical records verify the injuries but not that they were caused when an enemy shell burst caused him to lose his grip on the grader.  Substantiating evidence would include affidavits from individuals on the scene of the accident who could verify the shell burst and resulting accident and how they were connected to the scene.

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

__tap___  __rwa___  __teo___  DENY APPLICATION

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

INDEX

CASE ID	AR2000045172	
SUFFIX		
RECON		
DATE BOARDED	20001121	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.