MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  20 March 2001
	DOCKET NUMBER:  AR2000049788

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

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

APPLICANT STATES: That he was wounded in France in 1943, which resulted in an injury to his back.  He provides a copy of WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), dated 29 December 1945.

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

On 10 September 1942, the applicant was inducted into the Army of the United States.  He completed his required training and was awarded military occupational specialty 014 (Automobile Mechanic).  He was advanced to technician fourth grade (Tec4).

During the period 27 May 1944 to 27 November 1945, he served in the European Theater of Operations.

On 3 August 1944, a medical report indicates “Sprain in back – cause, tripped over back-wired hedgerow about 24 July 44.”

On 2 October 1944, a medical report indicates he was admitted on 14 August 1944 and “Sprain, moderately severe, lumbosacral region, recurrent, with mild trauma, initial injury incurred while playing football in civilian life 6 yrs ago.  Not entitled to P. H.  Line of duty NO, E.P.T.I.”.

On 29 December 1945, his final physical examination indicates he “injured back” vice wounded.

On 30 December 1945, he was honorably separated under Army Regulation 615-365, based on the convenience of the government and demobilization.  His separation document indicates he had 3 years, 3 months and 21 days of creditable service.  He was entitled to award of the American Theater Ribbon, the European-African-Middle Eastern Theater Ribbon, the Good Conduct Medal and the World War II Victory Medal.

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, 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 evidence of record shows he was “not entitled to P. H.”; therefore, there is no error or injustice.

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__fe____  ___wp___  ___rw___  DENY APPLICATION

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

INDEX

CASE ID	AR2000049788	
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	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.107	PH	
2.		
3.		
4.		
5.		
6.