MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           29 January 2002                  
	DOCKET NUMBER:   AR20010060252

	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. Arthur A. Omartian		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Karen A. Heinz		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 her late father, the former service member (FSM), be awarded the Purple Heart.

APPLICANT STATES:  That the FSM was in the European Theater of Operations during World War II.  His record shows that he received wounds in action on 18 September 1944.  He was awarded the Bronze Star Medal during his European service but there is no record that he received the Purple Heart, and the applicant believes he is entitled to one.

EVIDENCE OF RECORD:  The FSM’s military records show:

He enlisted on 28 November 1940 and served in the European Theater of Operations from April 1944 to July 1945.  He returned to the States and was honorably discharged on 23 August 1945.  He reentered active duty on 12 January 1948, served overseas tours in Japan, Germany and Korea and was eventually promoted to the grade of staff sergeant.  He retired for length of service on 1 October 1973, and died on 30 October 1979.

His awards include the Bronze Star Medal, based on award of the Combat Infantryman Badge, the Combat Infantryman Badge, the Good Conduct Medal with 5 bronze loops, the Presidential Unit Citation, the American Defense Service Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with 4 bronze service stars, the World War II Victory Medal, the Army of Occupation Medal with Germany clasp, the National Defense Service Medal with 1 bronze service star, the Korean Service Medal with 1 bronze service star, the Armed Forces Expeditionary Medal, the United Nations Service Medal and the World War II Honorable Service Lapel Button.

The FSM’s WD AGO Form 53-55, Enlisted Record and Report of Separation, issued at the completion of his World War II service, shows in block 34 (wounds received in action ) “EAME – 18 September 1944.”  His record contains another WD AGO Form 53-55 for the same period of service, which contains the notation “corrected copy 21 May 1947” followed by a set of initials.  This document contains the entry “None” in block 34.

The record also contains a Medical Department Form 52 (Admission and Disposition Form), which contains the following final diagnosis:  1.  Wound contused/multiple, moderately severe, anterior aspect, leg, left.  2.  Wound, 

lacerated, multiple, moderately severe, anterior aspect, leg, left.  1 and 2 accidentally incurred when vehicle overturned, causing injury, near Nantes, France, 0630, 18 September 1944.  The FSM was returned to duty on 7 October 1944.

WD AGO Form 38, Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement, completed on 22 August 1945 contains no entries by the FSM or the examining physician detailing any wound or injuries incurred in combat.

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.  There is no evidence of record that shows the FSM sustained a wound in combat that would entitle him to the Purple Heart.

2.  In fact, the evidence shows that the injury he suffered on 18 September 1944, was an accidental injury resulting from an overturned vehicle.  That injury was incorrectly annotated on the portion of his separation document that is reserved for information pertaining to combat wounds, and gives the impression that he was wounded in combat.  However, the corrected copy of the WD AGO Form 53-55, issued on 21 May 1947, rescinded the information in block 34.

3.  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.

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

___aao __  ___mhm_  ____kah_  DENY APPLICATION

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

INDEX

CASE ID	AR2001060252	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010129	
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.