MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            22 February 2001
	DOCKET NUMBER:   AR2000047861

	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. Joseph A. Adriance 		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Stanley Kelley		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:  In effect, that he be awarded the Purple Heart (PH).

APPLICANT STATES:  In effect, that he is trying to obtain a PH that he feels he earned while serving in the Army in Germany in 1945.  He claims he was wounded when a jeep he was riding in hit a land mine.  He states he is 100 percent disabled because of this accident and has previously been refused the PH because it could not be determined if he received his injury as a result of friendly or enemy fire.  He indicates he read an article that states now that people who are wounded or injured as a result of friendly fire can now receive the PH.  In support of his application, he submits letters from his member of Congress and from the Department of Veterans Affairs (VA), Boston, Massachusetts. 

EVIDENCE OF RECORD:  The applicant’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost in that fire.  

The available records do include a War Department (WD) Adjutant General Office (AGO) Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), which was issued to the applicant on the date of his separation.  This document verifies that he was inducted into the Army of the United States on 
17 March 1943 and confirms that he served on active duty until being honorably discharged on 9 March 1946.

The separation document also shows that he served in the European Theater of Operations (ETO) from 10 October 1944 to 22 February 1946.  Block 34 (Wounds Received in Action) contains a “None” entry, which would indicate he was not wounded in action during the period of service covered by the document.

The WD AGO Form 53-55 also confirms that during his service he participated in the Rhineland, Ardennes, and Central Europe campaigns of World War II and that he was awarded the Good Conduct Medal, European-African-Middle Eastern Campaign Medal, American Theater Campaign Ribbon, and WW II Victory Medal.  The separation document lists no other awards or decorations and specifically does not list the PH as an earned award. 

There is also a copy of a WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty, or Retirement) on file, which was completed on the applicant on 8 March 1946 in conjunction with his separation.  This document does show that the applicant received an injury to the right forehead in November 1945 and that he was treated.  However, there is no indication that this injury was the result of either enemy fire or friendly fire.  

Third party statements from members of the applicant’s unit prepared and submitted in January 1959, confirm that he was involved in a jeep accident in December 1945, which resulted in his receiving injuries to his head and facial areas, for which he was treated by military medical personnel.  However, these affidavits give no indication that the accident occurred as a result of any type of explosion from either an enemy or friendly fire source.  

Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member of an Armed Force who, while serving in any capacity with one of the Armed Services after 5 April 1917, has been wounded or killed in action.  

Paragraph 2-8b(6)b states, in pertinent part, that individuals wounded or killed as a result of " friendly fire" in the "heat of battle" will be awarded the Purple Heart as long as the " friendly" projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment. 

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.  Notwithstanding the contention of the applicant, after carefully examining the available evidence of record and independent evidence submitted by the applicant, the Board finds an insufficient evidentiary basis on which to support awarding the PH.  

2.  While the Board wishes to commend the applicant on his exemplary service during World War II, it is compelled to deny the requested relief.  The available evidence contains no information to support his claim of entitlement to the PH and there is no information that verifies that he was injured as a result of either enemy or friendly fire while engaged in the heat of battle, as required by regulation.  

3.  By regulation, to award the PH based on a friendly fire wound or injury, the 
"friendly" projectile or agent must have been released with the full intent of inflicting damage or destroying enemy troops or equipment.  In the applicant’s case, there is no evidence that suggests these conditions existed at the time he incurred his injury. 

4.  The available evidence confirms only that the applicant was involved in a jeep accident, which resulted in his receiving an injury to his forehead for which he was treated.  It does not verify that the accident was caused by a land mine or any other explosion from either an enemy or friendly source.  Thus, the Board concludes it would not be appropriate to grant the requested relief. 

5.  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

___sk___  ___tsk___  ___rvo __  DENY APPLICATION

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

INDEX

CASE ID	AR2000047861	
SUFFIX		
RECON		
DATE BOARDED	2001/02/22	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1946/03/09	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	Demobilization	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015	
2.		
3.		
4.		
5.		
6.