MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            29 July 2003                  
	DOCKET NUMBER:   AR2003085796

	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 L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas E. O'Shaughnessy		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 a second Purple Heart.

APPLICANT STATES:  That he was injured on 21 April 1945 when a Japanese land mine exploded.  The new company medic erroneously checked "non-battle." Supporting evidence is as listed on an 18 November 2002 letter from his Member of Congress to the Board.  

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from alternate sources.

The applicant was inducted into the Army on 9 April 1943 and entered active duty on 16 April 1943.  He arrived in New Guinea on 5 September 1944.  He departed the Pacific Theater of Operations on 30 November 1945 and separated on        28 December 1945.

On 11 January 2001, as a result of Board action, the applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation) was amended to add the Purple Heart for wounds (a sprained ankle joint) received on 4 November 1944.

The applicant provided a statement from Mr. Leslie S___, who states he was right next to the applicant when the explosion took place and the applicant was wounded.  He states that, the day of the explosion, the Sea-Bees were working on an old island road next to their camp, thus it was first assumed they had set off a blast (and that is why the medic tagged the applicant non-battle).  The applicant's platoon lieutenant immediately went over to the Sea-Bee officer and reported that their blasting had sent one of his men to the hospital.  The officer for the Seas-Bees said they had done no blasting whatsoever.  He emphatically stated the explosion that occurred was the result of an enemy mine being detonated by their road construction equipment or some other construction material they were using.  

The applicant provide a statement from Mr. John W___, who states he was in the same unit as the applicant.  He states he did not personally witness the applicant's injury but was working in the immediate area the day it happened.  He heard the explosion and when he arrived at the scene the applicant had already been taken to a forward aid station.  They were told by an Army medical sergeant still at the scene that the injury was the result of a Japanese land mine explosion. That evening they were called together by the first sergeant and cautioned that the area of their work had not been cleared of Japanese land mines.  

Army Regulation 600-45 (Decorations), in effect at the time, provided for the award of the Purple Heart to members of the armed forces of the United States and to civilians who are citizens of the United States serving with the Army who are wounded in action against an enemy of the United States or as a direct result of an act of such enemy, provided such wound necessitates treatment by a medical officer.  

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 accepts the supporting statements provided by the applicant as evidence that he was wounded when a Japanese land mine exploded in April 1945.

2.  However, the regulation required that the wound be incurred in action against an enemy of the United States or as a direct result of an act of such enemy.  The supporting statement from Mr. Leslie S___ verifies that the applicant's injuries were non-battle injuries.  The Sea Bee officer had emphatically stated the explosion was the result of an enemy mine being detonated by their road construction equipment or some other construction material they were using.  Therefore, the enemy did not directly cause the explosion.

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

__mkp___  __wtm___  __teo___  DENY APPLICATION

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

INDEX

CASE ID	AR2003085796	
SUFFIX		
RECON		
DATE BOARDED	20030729	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY 	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.