MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           17 October 2002                  
	DOCKET NUMBER:   AR2002071470

	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:

	Ms. Joann H. Langston		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Richard T. Dunbar		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 his discharge be corrected to show he was wounded in action and awarded the Purple Heart.

APPLICANT STATES:  That his WD AGO Form 53-55, Enlisted Record and Report of Separation, does not list any wounds received in action.  However, he says, he was wounded on 27 December 1941 on Morotai Island.

In support of his request, he submits a copy of the Western Union Telegram from the Army to his mother advising that he had been wounded in action, a War Department letter to his mother indicating that he was recovering from his injuries and a copy of his WD AGO Form 53-55.

EVIDENCE OF RECORD:  The applicant's military records show:

He was inducted on 1 October 1942, and was trained as a scout, military occupational specialty 761.  He served with Company G, 136th Infantry, in the Asiatic-Pacific Theater of Operations from July 1943 to April 1945.  He was honorably released from active duty with a Certificate of Disability for Discharge on 20 August 1945, in the rank of private first class.

His awards include the Good Conduct Medal, the Asiatic-Pacific Campaign Medal with 2 Bronze Service Stars and the World War II Honorable Service Lapel Button.

The Western Union Telegram concerning the applicant’s wounding advised his mother that he had been, “slightly wounded in action,” but does not detail the circumstances or extent of his injuries.

A Clinical Record Brief in his medical records shows that he was admitted to the 174th Station Hospital on 28 December 1944 with the following diagnosis:       “#1.  Fracture, Compound, Multiple, Complete 2nd 3rd 4th 5th Metacarpals Rt. hand. Severe, A.I.  About 1400, Dec 27 45 when he was struck by K ration box dropped from C-47 In A.P.O. 926.  #2.  Wounds, Lacerated, Multiple, Mod. Sever, Dorsum, Rt. hand, A.I., as in #1.”  The diagnosis and circumstances of his injury were confirmed in the hospital admission form from Letterman General Hospital in San Francisco dated 30 April 1945.

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.

The awards regulation also authorized the American Campaign Medal to be awarded for service in the American Theater between 7 December 1941 and 2 March 1946; and, the World War II Victory Medal for service between 7 December 1941 and 31 December 1946.

Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows that during his assignment to Company G, 136th Infantry, the unit was awarded the Distinguished Unit Citation for the period 20 to 26 March 1945 and the Philippine Presidential Unit Citation for the period 17 October 1944 to 4 July 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.  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.  While the telegram from the Army to his mother advised her that he had been “slightly wounded in action,” the description of how his injuries were incurred, contained in his medical records, suggests that they were the result of an “accident” rather than incident to combat.  Therefore, notwithstanding the Army’s insinuation in the notification telegram that his wounds were the result of combat action, the Board finds that his injuries were accidental and do not qualify for award of the Purple Heart.

2.  The applicant’s record shows, however, that he is entitled to the American Campaign Medal, the World War II Victory Medal, the Distinguished Unit Citation and the Philippine Presidential Unit Citation.  The Army Review Boards Agency Support Division, St. Louis, will be asked to administratively award these medals to him.

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.

Note:  Request the Army Review Boards Agency Support Division, St. Louis, administratively award the American Campaign Medal, the World War II Victory Medal, the Distinguished Unit Citation and the Philippine Presidential Unit Citation to the applicant.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___mvt__  ___jhl ___  ____rtd__  DENY APPLICATION

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

INDEX

CASE ID	AR2002071470	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021017	
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.