MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           7 May 2002
	DOCKET NUMBER:   AR2002067993

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Kenneth W. Lapin		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:  In effect, that he be awarded the Purple Heart (PH).

APPLICANT STATES:  In effect, that his records were destroyed in the National Personnel Records Center fire in 1973, but he now received disability compensation from the Department of Veterans Affairs (VA) for his wound.  In support of his application, he submits the following documents:  VA rating decision, dated 31 October 1983; his separation document 
(WD AGO Form 53-55); and a National Service Director, Military Order of the Purple Heart letter, dated 19 December 2001.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in a fire at the National Personnel Records Center fire in 1973.  The information herein was gleaned from a copy of his WD AGO Form 53-55 and associated documents that were provided with his application.

The applicant’s WD AGO Form 53-55 shows that he entered the Army on 
11 September 1942, and that he continuously served on active duty for 3 years 
4 months, and 2 days until being honorably separated on 12 January 1946.  This document also shows that he was trained and served in military occupational specialty (MOS) 660 (Tank Mechanic) and that he served in the European Theater Operations (ETO) from 12 October 1944 through 19 December 1945.  It also verifies that he participated in 3 campaigns of World War II and that during his tenure on active duty he earned the following awards:  American Theater of Operation Service Ribbon; European-African-Middle Eastern Service Ribbon; Good Conduct Medal; and World War II Victory Medal.  

Item 34 (Wounds Received In Action) of the applicant’s WD AGO Form 53-55 contains the entry “NONE”, which would indicate that he was not wounded in action while serving on active duty.  In addition, a records search of the National Archives produced no evidence that the applicant was ever treated as a battle casualty for a wound received in action during his tenure on active duty.

A VA rating decision, dated 31 October 1983, awarded the applicant a service connected disability for a gunshot wound to his left thumb and palm with adherent palmar scar.  However, this rating decision contains no confirmation that this gunshot wound was received in action.

Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member wounded or killed while engaged in action against an armed enemy or hostile force.  

Paragraph 2-8b (2) defines a wound as an injury to any part of the body from an outside force or agent while engaged in action against the enemy.  It also specifically states that in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and 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.  By regulation, in order to support awarding a member the PH, it is necessary to establish that the wound or injury received in action, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury and must have been made a matter of official record.  

2.  Notwithstanding the disability rating action taken by the VA, the Board finds insufficient evidence to support the applicant’s claim of entitlement to the PH.  The VA rating while confirming a service connection for a gunshot wound, does not confirm that the gunshot wound in question was received as the result of enemy action.  All wounds and/or injuries received while serving do not automatically qualify for award of the PH.  Further, the available evidence gives no indication that the applicant was ever treated as a battle casualty for a wound he received in action or that he was ever recommended for or awarded the PH while on active duty.   

3.  The Board wishes to advise the applicant that it does not question the veracity of his claim that he received an accidental gunshot wound to the hand, and it wishes to congratulate him for his outstanding service to our country during World War II.  However, based on the lack of supporting records and evidence, the Board is regrettably compelled to deny his PH request.  This action is taken in the interest of fairness and equity to all members who served during World War II and who face similar circumstances.  

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

    SAC          KWL          JTM         DENY APPLICATION

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

INDEX

CASE ID	AR2002067993	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/07	
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.	107.0015	
2.		
3.		
4.		
5.		
6.