MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           29 March 2001                  
	DOCKET NUMBER:   AR2000049316

	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 N. Slone		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. Lester Echols		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 is entitled to the Purple Heart and a recommendation should have been made for him to receive the award.

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 a Board of Veterans’ Appeals (DVA) decision dated 3 October 1991, awarding him service connection for scarring of the left tympanic membrane.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  Information herein is derived from documents he has submitted.

He was inducted on 31 March 1943, was awarded the military occupational specialty of light truck driver and served in the European Theater of Operations from September 1943 to June 1944.  He was honorably discharged at demobilization on 31 January 1946 in the grade of private first class.

His awards include the Good Conduct Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with 3 Bronze Service Stars, the World War II Victory Medal, the Sharpshooter Badge with Carbine Bar and the World War II Honorable Service Lapel Button.

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

The DVA decision shows that a perforation of the left eardrum was present in service, required treatment after service and was noted on current examination.  Therefore, his claim for service connection was granted. 

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 available records contain no evidence and the applicant has submitted no evidence to show that the damage to his hearing was a direct result of enemy action.

2.  The DVA in making its finding of service connection is required to find that a given condition existed while the individual was on active duty.  The DVA’s findings do not require that the condition result from hostile action, as is the case for award of the Purple Heart.  

3.  In the absence of evidence showing that the applicant’s hearing loss was a direct result of enemy action there are no grounds for this Board to award the Purple Heart.

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

 __jns  __  ___cjp ___  ____le   _  DENY APPLICATION

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

INDEX

CASE ID	AR2000049316	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010329	
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.