MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           20 March 2001
	DOCKET NUMBER:   AR2000048353

	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. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn 		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. William D. Powers		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 military records be corrected to show award of the Purple Heart (PH)

APPLICANT STATES:  That he fought for our country in World War II and was injured when he had to jump off a railroad car to avoid attack by enemy airplane. Contends that he sustained injury to right leg.  In support of his application he provides a copy of the Department of Veterans Affairs rating decision and copies of Army medical treatment records.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information contained herein was obtained from reconstructed personnel records.

He was inducted into the Army on 5 December 1942.  He completed his initial training and was assigned to the European Theater of Operations in July 1944.  He participated in four battle campaigns and returned to the United States in December 1945.  He attained the rank of private first class and was honorably discharged on 1 January 1946.

The applicant’s awards include the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with 4 bronze service stars, the Good Conduct Medal, the Meritorious Unit Commendation, and the World War II Victory Medal.

The applicant’s records do not indicate award of the Army of Occupation Medal (AOM) with Germany clasp for his duty in the Federal Republic of Germany after 9 May 1945.

The Army medical records, provided by the applicant, show that on 1 December 1944 in Foranges, France, he received a moderately severe perforating wound to his right thigh (lower 1/3, posteriorly), and severe abrasion to the right thigh and right leg (upper 1/3).  These injuries were the result of being accidentally struck and/or run over by an Army vehicle.

The applicant’s Report of Physical Examination of Enlisted Personnel prior to Discharge, Release from Active Duty or Retirement, dated 31 December 1945, states in item 11 that the injury to his right leg, sustained in 1944, was a 
non-battle casualty.

Army Regulation 672-5-1 provides, in pertinent part, that the PH 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.

Army Regulation 600-8-22 provides, in pertinent part, that the AOM is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For Germany service must have been between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

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.  All available evidence indicates that the applicant’s injuries were due to an accident rather than as a result of enemy action.  There is no evidence to support his contention that he incurred his injuries while attempting to avoid the attack of an enemy airplane.  Therefore, he does not meet the criteria for award of the PH.

2.  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.

NOTE:  All of the Department of the Army records related to this case, particularly the War Department Adjutant General Office Form 53-55, dated 
1 January 1946, need to be corrected by showing that the individual concerned was awarded the AOM with Germany clasp for service in the Federal Republic of Germany after 9 May 1945.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_FNE___  __RJW___  __WDP___  DENY APPLICATION

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

INDEX

CASE ID	AR2000048353	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010320	
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.