MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           10 JULY 2003                   
	DOCKET NUMBER:   AR2003085592

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Larry C. Bergquist		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 next of kin, a deceased former servicemember, be awarded the Purple Heart.

APPLICANT STATES:  That the former servicemember was "injured in the line of duty and should receive a Purple Heart for his service."  She notes that former servicemember's commanding officer reported the injury, noting that a "his nose was cut off his face after being hit by a buzz bomb in his truck."  She states that the former servicemember was denied a Purple Heart for his injury and "has for years relived his memory of the altercation that happened the end of January 1945.”  In support of her request she submits a copy of an undated, unsigned statement which notes that "the Buzz Bomb…caused an unknown object to make a 3 inch dent in his helmet that in turn removed his nose from his face."  The statement indicated that the servicemember's "injury which merits the awarding of the Purple Heart Medal and it in turn becomes a permanent part with his other honors which includes 4 Bronze Battle Stars as listed on his Army Discharge."  The statement notes that the injury occurred "the last of January 1945" in Brussels, Belgium.

EVIDENCE OF RECORD:  The former servicemember's military records were likely lost or destroyed during the 1973 fire at the National Personnel Records Center.  Information contained herein was reconstructed from alternative sources.

The former servicemember entered active duty on 20 January 1944 and arrived in the European Theater of Operations in August 1944.  In July 1945 he was deployed to the Pacific Theater of Operations where he arrived in September 1945.  In December 1945 he returned to the United States and in January 1946 he was discharged as a result of demobilization.

The servicemember's separation document notes that he performed duties as a clerk typist and that at the time of his separation from active duty he was assigned to a signal company.  Item 40 (wounds received in action) on the former servicemember's separation document, which he authenticated, reflects "NONE" and does not reflect entitlement to the Purple Heart.

There were no service medical records available to the Board or provided by the applicant.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.  The Board notes that the statement appears to have been rendered at the time of the former servicemember's discharge as the statement references "other honors…as listed on his Army Discharge."  Hence the Board concludes that the statement was likely rendered nearly a year after the former servicemember reported being wounded.  It is unclear, from the statement, who the author was, what relationship he would have had to the servicemember at the time the injury was to have taken place, or if the author was an eye witness to the incident.

2.  Unfortunately, in the absence of more conclusive medical evidence, the undated, unsigned statement is insufficient evidence on which to conclude the former servicemember is entitled to an award of the Purple Heart.

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

__RWA__  __BJE __  __LCB __  DENY APPLICATION

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

INDEX

CASE ID	AR2003085592	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030710	
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.