MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            1 March 2001
	DOCKET NUMBER:   AR2000049659

	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. 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:  In effect, that he be awarded the Purple Heart (PH).

APPLICANT STATES:  In effect, that he was unconscious for four days, which resulted in his having sores over his right eye that caused nerve damage that prevented him from opening and closing his eyes.  He also claims he had sores in his mouth and lost some teeth.   

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.  

However, the available evidence does 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 24 July 1943 and confirms that he served on active duty until being honorably discharged on 2 October 1945.

The separation document also shows that he served in the Pacific Theater of Operations (PTO) in New Guinea and Luzon from 12 August 1944 to 
22 May 1945.  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 Luzon campaign of World War II and that he was awarded the Asiatic-Pacific Campaign Medal with one bronze service star and the Philippine Liberation Medal with one bronze service star.  The separation document lists no other awards or decorations and specifically does not list the PH as an earned award. 

There are also copies of a Medical Department (MD) Form 55C-2 (Special Examination and Additional Data) and MD Form 55D (Initial Summary, Working Diagnosis, Contemplated Laboratory Tests, and Consultations) on file, which confirm the applicant was hospitalized and treated for injuries he received in a vehicle accident.  However, there is no indication that this injury was the result of either enemy fire or friendly fire.  

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 in any action against an enemy of the United States.
Paragraph 2-8B (5) provides examples of injuries or wounds which clearly do not qualify for award of the PH.  It states, in pertinent part, that accidents that do not qualify for award of the PH include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.

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 contentions 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 him 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 enemy action, as required by the applicable regulation. 

3.  The available evidence confirms only that the applicant was involved in a vehicle accident, which resulted in an injury that required treatment, and does not verify that the accident was caused by an enemy source. 

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___  __rtd____  ___clg __  DENY APPLICATION

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

INDEX

CASE ID	AR2000049659	
SUFFIX		
RECON		
DATE BOARDED	2001/03/01	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1945/10/02	
DISCHARGE AUTHORITY	Unknown	
DISCHARGE REASON	Unknown	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015	
2.		
3.		
4.		
5.		
6.