MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           1 February 2001                  
	DOCKET NUMBER:   AR2000045440

	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. Luther L. Santiful		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. James E. Anderholm		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 late father the former service member (FSM) be awarded the Purple Heart.

APPLICANT STATES:  That the FSM had his left eye removed in 1939 as a result of injuries he suffered during World War I.  The applicant contends that the eye injury was directly related to service in combat in France and that the FSM should be award the Purple Heart for his injury.

In support of his request, the applicant submits a copy of a letter written by the FSM on 30 October 1939 to the Veterans Administration (VA) describing the circumstances of his eye injury; a copy of the FSM’s Enlistment Record and Honorable Discharge; a copy of the FSM’s application for compensation dated 27 March 1939; a VA request for Army Information dated 24 July 1939 in support of a disability compensation claim; a VA letter of July 1939 showing the results of medical examinations at the time of the FSM’s enlistment and the time of his discharge; letters dated May 1940 and December 1952 from the VA to the FSM informing him of increases in his disability compensation; and a copy of DA Form 1577, Authorization for Issuance of Awards, dated 22 November 1999 showing the awards that were issued to the FSM.

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

He enlisted in the Massachusetts Army National Guard on 18 May 1916, entered active duty on 25 July 1917 and served in France from September 1917 to April 1919.  He was honorably discharged at demobilization on 28 April 1919 in the grade of private.  He died on 26 December 1988.

His awards include the World War I Victory Medal with Battle Clasps and the World War I Victory Button.  His Enlistment Record does not show that he was wounded in service, that he was authorized to wear wound chevrons or that he received a Meritorious Service Citation Certificate.

At the time of the FSM’s entrance physical examination on 18 May 1916 his “eye condition was noted” - left eye 20/100.

The FSM says, in a 30 October 1939 letter to the VA describing his eye injury, that while involved in the act of firing his artillery piece at Chateau-Thierry, France his left eye became blurred.  Not wanting to be considered derelict in his duty or to go to the hospital, he never reported the eye problem even at the time of his discharge from the service.  

A report of physical examination prior to separation from service dated 28 April 1919, shows that both the FSM and the examining physician indicated “none” in response to a question on the form as to whether the FSM was suffering from the effects of any wound, injury or disease or had any disability or impairment incurred in military service.  The report is annotated that the only condition found was defective vision: right eye 20/20, left eye 20/200 - blind.

Information provided by The Adjutant General on 24 July 1939 in response to a request from the VA includes a summary of the FSM’s complete medical history. That history contains no reference to wounds received as a result of enemy action or to an eye injury.

The Purple Heart is awarded in the name of the President of the United States to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the US Armed Services after 5 April 1917, has been wounded or killed, or who has died or may hereafter die after being wounded.

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.

The same regulation also provides that award of the Purple Heart may be made to any member of the Army, who during World War I, was awarded a Meritorious Service Citation Certificate signed by the Commander in Chief, American Expeditionary Forces, or who was authorized to wear wound chevrons.  

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 evidence of record does not show and the applicant has not provided any evidence showing that the FSM was wounded as a result of enemy action and is thereby entitled to award of the Purple Heart.

2.  Notwithstanding the FSM personal recollection of how his eye injury occurred, it appears from the available documentation that he suffered from an eye ailment at the time of his entry on active duty in 1916, when the sight in his left eye was noted as 20/100.  The eye condition deteriorated further during his service so that at the time of his discharges the examining physician noted that his left eye was 20/200 – blind.  Later, the eye apparently declined to the point that it had to be removed.

3.  Unfortunately, while his eye problem may have been aggravated by military service there is no evidence that the proximate cause of his eye loss, some 20 years after the war was a result of his participation in combat.  Without a finding that his injury was a direct result of enemy action, there are no grounds to award the Purple Heart.

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

___lls ___  ___bjl ___  ____jea__  DENY APPLICATION

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

INDEX

CASE ID	AR2000045440	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010201	
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.