MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           4 June 2002
	DOCKET NUMBER:   AR2002070792

	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:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Regan K. Smith		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 his military records be corrected to show he was awarded the Purple Heart (PH) and that he was wounded in action.

APPLICANT STATES:  In effect, that he was injured in a crash landing and was treated for injuries for which he is now receiving disability compensation. 

EVIDENCE OF RECORD:  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information herein was gleaned from a copy of the applicant’s separation document and a hospital admission record prepared by the Office of the Surgeon General (OTSG), Department of the Army (DA), covering the periods 1942 through 1945 and 1950 through 1954. 

The applicant’s separation document shows that he entered active duty on 
29 December 1941.  He continuously served on active duty until being honorably separated on 7 November 1945, in the rank of staff sergeant (SSG).  This document also shows that he participated in the Air Offensive, Japan and Western Pacific campaigns while serving in the Asiatic-Pacific Theater of Operations.  It also shows that he earned the following awards during his tenure on active duty:  American Theater Ribbon; World War II Victory Medal, European-African-Middle Eastern Theater Ribbon, Good Conduct Medal; 
Asiatic-Pacific Theater Ribbon with 2 bronze service stars.  

The authorized awards listed in the applicant’s separation document does not include the PH, and the Wounds Received in Action block contains the entry “None”, which indicates that he was not wounded in action during his active duty tenure.  

There is a National Archives and Records Administration (NARA) military finding report, dated 9 August 2001, on file that contains information from hospital admission cards created by the OTSG.  This document confirms that the applicant was admitted to the hospital in the Asiatic-Pacific Theater of Operations on 4 February 1945, and that he was treated for non-battle related injuries.  The listed diagnosis was “Wound(s), contused (includes bruises) Abdomen, abdominal wall and pelvis: Loin.”  The causative agent listed was airplane crash without fire and all the injuries received were categorized as non-battle related. 

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, and the medical treatment must have been made a matter of official record.  

The regulatory guidance for award of the PH also includes examples of wounds or injuries that do and do not qualify for award of the PH.  These examples include an airplane crash and they state, in pertinent part, that an injury that was the result of an aircraft accident resulting from enemy fire does qualify for award of the PH; however, it also specifies that an injury caused by aircraft accident not caused by or related to enemy action does not qualify for award of the PH.   

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 Board notes the applicant’ s claim of entitlement to the PH, but it finds insufficient evidence to support this contention.  By regulation, to support awarding a PH for an injury or wound received as a result of an aircraft accident, there must be evidence to show the aircraft accident was the result of enemy fire. Injuries received as a result of an aircraft accident, not caused by or the result of enemy action, do not qualify for award of the PH.  

2.  The applicant is to be congratulated for his outstanding combat service.  However, the medical evidence of record confirms only that he was treated as a non-battle casualty for injuries received in an aircraft accident.  It does not show that this accident was caused by enemy fire, which would be necessary to qualify for the PH.  Lacking independent evidence to the contrary, the Board is compelled to deny the requested relief, in the interest of those who served in  World War II and who face similar circumstances.  

3.  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

     JLP          AAO           RKS       DENY APPLICATION

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

INDEX

CASE ID	AR2002070792	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/04	
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.