MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           15 February 2001                  
	DOCKET NUMBER:   AR2000046072

	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. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Margaret K. Patterson		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 her late husband, the former service member (FSM), be awarded the Purple Heart.

APPLICANT STATES:  In effect, that the FSM was wounded in action twice during the Korean War and she wishes to receive the Purple Hearts he should have received for those wounds.

In support of her request, she submits a copy of the FSM’s DD Form 214, Report of Separation, and a copy of his Death Certificate.

COUNSEL CONTENDS:  That the applicant presentation reflects the probative facts needed for equitable review and requests that all reasonable doubt be resolved in the applicant's favor.

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

He enlisted on 19 February 1946 and reenlisted on 3 November 1947.  He served in the European Theater of Operations at the conclusion of World War II and in the Korean War from March to December 1950.  He received a general discharge in the grade of private on 14 October 1952 after completing 5 years, 10 months and 19 days of service.  He died on 12 October 1990.

His awards include the Army of Occupation Medal with Berlin Airlift Device and German and Japan Clasps, the Korean Service Medal, the National Defense Service Medal, the Combat Infantryman Badge, the World War II Victory Medal and the World War II Honorable Service Lapel Button.  

The FSM’s DD Form 214, Block 27 (Decorations) does not list the Purple Heart as an authorized award, and Block 29 (wounds received as a result of action with enemy forces) shows the entry “None”.  

Hospital Admission Cards prepared by the Office of The Surgeon General of the Army show that the FSM was treated on 12 September 1950 for psychoneurotic disorder and contusion of the abdomen and pelvis but does not indicate that either condition was a battle injury. 

The record shows that he was also hospitalized on 7 November 1950 for a gunshot wound to the foot/ankle.  The wound was classified as a non-battle injury and a line of duty determination states that “man was injured when he accidentally shot himself in the left foot when he slipped and fell off an embankment”.  This injury led to his evacuation to the States and eventual separation from the service.

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.

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 has provided no evidence and the FSM’s military record contains no evidence to show that he was wounded as a result of hostile action and is entitled to award of the Purple Heart.

2.  Accidental injuries received in a combat zone, not directly attributable to an act of the enemy are not considered wounds received in action and, therefore, do not entitle an individual to 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 satisfies this 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

___fne __  ___mhm _  ____mkp   DENY APPLICATION

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

INDEX

CASE ID	AR2000046072	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010215	
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.