MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           28 august 2001                  
	DOCKET NUMBER:   AR2001054814

	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. Richard T. Dunbar		Member	
	Mr. Donald P. Hupman		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 in December 1944, while participating in the Battle of the Bulge, he received a fragmentation wound to the right thigh.  He was treated at a field hospital but was never awarded the Purple Heart.

In support of his request, he submits a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation, WD AGO Form 38, Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement and a Veterans Administration (VA) Rating Decision dated 8 March 1994.

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 document furnished by the applicant.

He was inducted on 25 March 1943, was awarded the military occupational specialty (MOS) of finance clerk and served in the European Theater of Operations from December 1943 to December 1945.  He was honorably discharged at demobilization on 8 December 1945 in the grade of private first class.

His awards include the Good Conduct Medal, the Meritorious Unit Commendation, the European-African-Middle Eastern Campaign Medal with 5 Bronze Service Stars and Arrowhead Device, the Expert Badge with Rifle Bar and the World War II Honorable Service Lapel Button.  

Block 33 (decorations and citations) of his WD AGO Form 53-55 does not show the Purple Heart as an authorized award; nor, does Block 34 (wounds received in action) reflect that he was wounded in combat.

His WD AGO Form 38 contains the statement “Fragmentation wound-right thigh-Dec. 1944, Field treatment” and indicates the injury was incurred while in military service.  The report contains no further comment concerning the circumstances of the injury.

On 8 March 1994 the VA awarded the applicant service connection for residuals of fragmentation wound to the right thigh – 0% compensable.

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.

The same regulation provides that the American Campaign Medal will be awarded for service in the American Theater between 7 December 1941 and 2 March 1946; and, the World War II Victory Medal for service between 7 December 1941 and 31 December 1946.

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.  While the Board has no reason to doubt the statement of events provided by the applicant concerning his injury, such individual statements are acceptable only where corroborating evidence is available from other sources.  The statement concerning his injury on the WD AGO Form 38 appears to reflect the circumstances of his injury as related by the applicant to the examining physician and, in the absence of other records or statements, is not independently verifiable.

2.  The VA Rating Decision does not provide the necessary facts to determine eligibility for the Purple Heart because the VA is not required to find the injury was the result of hostile action in order to determine it was service connected.  Nonetheless, a finding that the injury was the direct result of hostile action is fundamental to determining eligibility for the Purple Heart.  In the absence of evidence to support such a finding, there are no grounds for the Board to award the Purple Heart.

3.  The record does show, however, that the applicant is entitled to the American Campaign Medal and the World War II Victory Medal for his World War II service between December 1941 and March 1946, and it would be appropriate to correct his record to reflect these awards.  Accordingly, the Army Review Boards Agency Support Division, St. Louis will be requested to issue a correction to his WD AGO Form 53-55 showing these two awards.

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.
NOTE:  The Army Review Boards Agency Support Division is requested to issue a correction to the applicant’s WD AGO Form 53-55 showing that he was awarded the American Campaign Medal and the World War II Victory Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___jns___  ____rtd__  ____dph_  DENY APPLICATION

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

INDEX

CASE ID	AR2001054814	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010828	
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.