MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            31 July 2001
	DOCKET NUMBER:    AR2001056293

	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. Walter Avery, Jr.		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 received wounds in action.  

In support of his request, he submits a copy of a Western Union Telegram notifying his wife that he had been slightly injured in action in Italy on 27 April 1945.

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

He was inducted on 28 November 1942 and served as an infantryman in the Mediterranean Theatre of Operations from 15 July – 26 June 1945 and the European Theater of Operations from 29 June 1945 to 17 January 1946.  He was assigned to Company A, 14th Armored Infantry Battalion, 1st Armored Division.  He was honorably discharged at demobilization on 3 February 1946 in the grade of staff sergeant.

Awards reflected on his WD AGO Form 53-55, Enlisted Record and Report of Separation, include the Combat Infantryman Badge (CIB), the American Service Medal, the European-African-Middle Eastern Campaign Medal, the Good Conduct Medal, the World War II Victory Medal, and the World War II Honorable Service Lapel Button.  The Purple Heart is not shown in block 33 (decorations and citations) of WD AGO Form 53-55; nor, does block 34 (wounds received in action) show that he was wounded during his service.

A patient identification and administration form, Medical Department Form 52, shows that on 11 September 1944, the applicant was diagnosed with: “NBI. Wound, lacerated, left elbow, mild, accidentally incurred when two trucks sideswiped, about 1130 hours, 11 Sep 44, near Ponseco, Italy.”

A Medical Department Form 52 shows that on 27 April 1945, the applicant was diagnosed with: “contusion, moderate, left hip. 2.  Contusion, moderate skull. A.I. when half track he was riding rolled off a soft shoulder at 1100 hrs 27/Apr/45 near Goita, Italy.”

AR 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 awards regulation also provides that subsequent to the cessation of hostilities during WW II, the regulation governing the award of the Bronze Star Medal was changed, in part, to provide for the award of this decoration to those individuals who had been awarded the CIB for meritorious achievement in ground combat against the armed enemy between 7 December 1941 and 2 September 1945.

DA Pamphlet 672-1, lists units that have been awarded unit citations, campaign and occupation credit, assault credit and foreign awards.  This register shows that during the period of the applicant’s assignment to the 1st Armored Division it was awarded the Army of Occupation Medal with Germany clasp for the period 15 July 1944 to 17 January 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.  The applicant’s records substantiate that he incurred injuries on 27 April 1945, when the vehicle in which he was riding rolled off the soft shoulder of a road.  The available evidence indicates that the injuries were the result of a vehicular accident and not hostile action.  Accidental injuries, even though they may occur in a combat zone, that are 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.

2.  Since none of the available records show that he sustained an injury as a direct result of hostile action there are no grounds for this Board to consider awarding the Purple Heart.

3.  Notwithstanding the denial of his request for the Purple Heart, his records substantiate that he is entitled to the Bronze Star Medal and Army of Occupation Medal with Germany clasp.  The Army Review Boards Agency Support Division, St. Louis will be requested to add these awards to his Separation Document.

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, St. Louis is requested to correct the applicant’s record to show that he was awarded the Bronze Star Medal and the Army of Occupation Medal with Germany clasp.

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	AR2001056293	
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.