MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 October 2001                   
	DOCKET NUMBER:   AR2001061729

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Jose A. Martinez		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 was wounded in World War II.  Purple Hearts have been awarded to non-combat peacekeepers.  The Navy awarded the Purple Heart to an American who was injured by the Israelis.  That individual was not in a war.

EVIDENCE OF RECORD:  The applicant's military records are apparently in use at another agency and are not available.  Information contained herein was obtained from alternate sources.

Office of the Surgeon General Hospital Admission Cards show the applicant was hospitalized on 23 May 1945 for treatment of fracture of the patella caused by a machine gun bullet incurred while handling firearms while on post or in camp.  He apparently was discharged or retired for disability around December 1945.

Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States or, after 28 March 1973, as a result of military operations while serving outside the territory of the United States as part of a peacekeeping force.  

World War II in Europe ended with Germany’s surrender on 8 May 1945.

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 injured after the end of World War II in Europe as a result of an accident, not as the result of action against an enemy of the United States.  Effective 28 March 1973, peacekeepers wounded while serving outside the territory of the United States as part of a peacekeeping force are authorized award of the Purple Heart.  The Army is not bound by the policies of other Services regarding award of the Purple Heart.  

2.  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

__jhl___  __mdm___  __jam___  DENY APPLICATION

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

INDEX

CASE ID	AR2001061729	
SUFFIX		
RECON		
DATE BOARDED	20011011	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.