PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 October 2001                   
	DOCKET NUMBER:   AR2001058722

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Joe R. Schroeder		Member	
	Mr. Charles Gainor		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests in effect, the award of the Purple Heart and that his Official Military Personnel record be corrected to reflect the award.

3.  The applicant states in effect, that he participated in 7 campaigns while stationed in France and Germany during World War I (WWI).  He was wounded by shrapnel twice once in each leg, while station in France.  He had no other recourse at the time but to treat himself with the drugs that he found in his medic’s first aid kit.  He believes that since he did not seek professional 
medical attention for his injuries, he never received the Purple Heart award.
In support of his application, he submits a letter from his private physician
dated 16 May 2001, from the St. Vincent Institute on Aging, a copy of his
certification of military service and copies of two article clippings.

4.  The applicant's reconstructed military record shows that he was born on 
29 September 1896.  After graduating from Loyola University in Chicago in 
1916 with a degree in pharmacy, he entered the United States Army as a private on 25 June 1918.  

5.  A review of the Historical Files at the National Archives, College Park, Maryland, revealed that Special Order 155, dated 24 October 1918, published by Headquarters, 164th Field Artillery Brigade, showed that the applicant was reassigned to the 340th Field Artillery Regiment, 89th Infantry Division, which was located in France. 

6.  Further review of the historical files also showed that the 89th Infantry Division was located on the front line, during the heat of battle.  The applicant was a member of the 89th Infantry Division while it was in contact with the enemy.  The Division suffered the bulk of its casualties during the last two weeks in October 1918, just before WWI came to a close on 11 November 1918.  

7.  On 5 June 1919, the applicant was honorably discharged from the United States Army.  The applicant’s separation document shows ”None” for wounds received in service.

8.  The applicant provides a letter from his doctor dated 16 May 2001.  He states in effect, that on 12 November 1996, that the story the applicant provided him at the time of his initial examination was certainly consistent with old war injuries/wounds; which were consistent with well-healed, old, shrapnel-type wounds.  The doctor also observed some heavy scaling over patches of the right shin and also on the left heel.  The applicant’s doctor believes that the injuries that the applicant sustained were probably secondary to his old shrapnel wounds.

9.  In processing this application an opinion from the applicant’s counsel dated 
28 September 2001, was submitted.  His counsel states in effect, that he believes and fully supports the applicant’s claim that he was wounded in WWI.  Because of his medical training prior to his military service, he was capable of treating his own injury.  Therefore, supporting awarding the applicant the Purple Heart.

10.  Army Regulation 600-8-22 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.

CONCLUSIONS:

1.  The statements of individuals are inadequate as the sole basis for an award of the Purple Heart because they do not fulfill the regulatory requirement that there is a record of medical treatment.  However, in this case the Board accepts the statement of the applicant and his private physician as sufficient evidence to grant the award of the Purple Heart.  In addition the applicant was assigned to a unit at the time where casualties were at its peak.

2.  The applicant has not been able to supply any medical documentation to meet the statutory requirements for a record of treatment at the time of injury.  However, due to the applicant’s knowledge of medicine, the Board believes that he could have very well treated himself.  When taken in concert with the applicant’s statement and his physician’s statement, the Board believes that there is sufficient evidence to warrant an exception to policy in this case by granting the relief requested.

3.  In view of the foregoing, findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart for wounds sustained on 24 October 1918.

BOARD VOTE:  

__lls___  __jrs___  __cg____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Luther L. Santiful
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001058722	
SUFFIX		
RECON		
DATE BOARDED	20011010	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.