MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            8 February 2001
	DOCKET NUMBER:   AR2000047630

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Donald P. Hupman, 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:  In effect, that he was wounded in action in France on 17 February 1945 by a bazooka fragment from the enemy and was never awarded the Purple Heart for his wounds.  In support of his application he submits several documents from his medical records.

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

He was inducted IN Chicago, Illinois on 3 July 1943 and entered active duty at Camp Grant, Illinois on 24 July 1943.  He departed for the European Theater of Operations (ETO) on 24 September 1944.

On 17 February 1945, while on a range at Toul, France with a detail of men, a rocket launcher (bazooka) was fired against a concrete wall.  The rocket ricocheted and exploded, throwing shrapnel and hitting the applicant who was standing approximately 50 yards away.  The applicant suffered fragmentation wounds and a fractured femur to the right thigh/leg.  He was hospitalized and treated immediately thereafter.

An investigation was conducted that determined that the accident occurred due to the fact that the men were not in a trench while firing the rocket launcher at close range targets.  The investigation determined that the injuries were in line of duty and not a direct result of the applicant’s negligence.

He was returned to the United States on 25 May 1945 and was honorably discharged at Fort Sheridan, Illinois on 2 February 1946.  He had served 3 years, 6 months and 10 days of total active service and had 198 days of lost time due to AWOL and confinement.  He was awarded the World War II Victory Medal, the American Theater Ribbon, the European-African-Middle Eastern Theater Ribbon with two bronze battle stars, and the Good Conduct Medal.  His report of separation (WD AGO Form 53-55) shows no wounds received in action.

The medical documents submitted by the applicant are copies from documents contained in his records.  One of the documents, a clinical record brief (WD AGO Form 8-33) indicates that the applicant was convalescent from injuries incurred as a result of enemy shrapnel fire in France on 17 February 1945.  However, just as appears on the document submitted by the applicant, the original of the document shows that the words “as a result of enemy” were lined out.  

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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was 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.  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 this requirement.

2.  The evidence of record fails to show that the applicant was wounded/injured as a result of enemy action.  In fact, the record very clearly shows that he was wounded in a training accident and that a subsequent investigation was conducted to ascertain the specifics of the incident shortly after the accident occurred.  Therefore, there is no basis for the Board to award him the Purple Heart.

3.  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

___dh___  ___jhl___  ___gp___  DENY APPLICATION

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

INDEX

CASE ID	AR2000047630	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/02/08	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.		
3.		
4.		
5.		
6.