MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           31 July 2001                   
	DOCKET NUMBER:   AR2001054656

	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. Walter T. Morrison 		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. John T. Meixell		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 turned down a Purple Heart in Italy during World War II.  He says that he lost blood on the front lines in the push of Cassino.  A doctor said he should have a Purple Heart but he was young and turned it down.

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 his Honorable Discharge Certificate.

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

His WD AGO Form 53-55 shows that he was inducted on 6 April 1943 and served as a construction worker in the European Theater of Operations from August 1943 to November 1945.  He was honorably discharged at demobilization on 4 December 1945 in the grade of private first class.  

His awards include the European-African-Middle Eastern Campaign Medal with 1 silver battle star, the Good Conduct Medal, the Meritorious Unit Commendation, the World War II Victory Medal and the World War II Honorable Service Lapel Button.  The Purple Heart is not listed as an authorized award; nor, does block 34 (wounds received in action) of the form show that he was wounded during his service.

Information obtained from hospital admission cards created by The Office of the Surgeon General for the years 1944 and 1945, shows that the applicant was admitted to a medical treatment facility in August 1944 with a diagnosis of gastro-enteritis, in December 1944 with a diagnosis of acute pharyngitis and in June 1945 for diarrhea.

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 evidence of record shows that the applicant was treated in Army medical treatment facilities on three occasions during his service.  None of the treatments, however, were for combat related wounds.
2.  In the absence of evidence showing that he was injured as a result of hostile action there are no grounds for this Board to award the Purple Heart. 

3.  Accidental injuries or illnesses even though they may occur in a combat zone, not directly attributable to an act of the enemy are not considered wounds received in action and do not entitle the individual to 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

___wtm_  ____aao__  ____jtm _  DENY APPLICATION

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

INDEX

CASE ID	AR2001054656	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010731	
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.