MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           1 March 2001                 
	DOCKET NUMBER:   AR2000046857

	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. John H. Kern		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Richard T. Dunbar		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 he was wounded from shrapnel in the left wrist and arm and transferred to a station hospital during World War II.

In support of his request, he submits a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation and a copy of company morning report showing that he was admitted to the 57th Station Hospital on 20 November 1943.

EVIDENCE OF RECORD:  The applicant's military records  were lost or destroyed in the 1973 fire at the National Personnel Records Center (NPRC).  Information herein is derived from documents submitted by the applicant and from alternate sources.

He was inducted on 17 February 1943 and served in the North African and European Theaters of Operation from August 1943 to October 1945 as an artillery mechanic.  He was honorably discharged at demobilization on 6 November 1945 in the grade of technician 4th grade.

Awards reflected on his WD AGO Form 53-55 include the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal, the American Theater Medal, the World War II Honorable Service Lapel Button and the Marksmanship Badge with Rifle Bar.  Except for the American Theater Medal (which he is authorized but which apparently has not been issued to him), on 19 May 1999 he was issued the awards listed plus the World War II Victory Medal and the Belgian Fourragere.  

Block 34 (wounds received in action) of his WD AGO Form 53-55 contains the entry “none”.

The copy of the company morning report submitted by the applicant identifies him by name as having been admitted to the 57th Station Hospital on 20 November 1943 with a line of duty (LOD) determination of yes.  The entry does not, however identify the nature of his injury/illness.

Daily Sick Reports and Morning Reports provided by the NPRC show that between 1943 and 1945 the applicant was admitted to the hospital and returned to duty on 11 occasions all of which were LOD yes, but none of the entries identifies the nature of his injury or states that his admission was a result of enemy action.

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 available records contain no evidence showing that his hospitalizations were the result of wounds sustained from hostile action.  In the absence of such evidence there is no basis to award the Purple Heart.

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

___jhk___  ____clg__  ____rtd _  DENY APPLICATION

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

INDEX

CASE ID	AR2000046857	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010301	
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.