MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            28 August 2003                  
	DOCKET NUMBER:   AR2003086446

	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. Arthur A. Omartian		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Harry B. Oberg		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 the Purple Heart (PH) be added to his record.  

APPLICANT STATES:  In effect, that he is entitled to receive the PH as a result of being injured in October 1944, while serving in Belgium.  He states that he was sent to England for medical treatment and that the PH was awarded to him in the hospital. 

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

The applicant’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were lost in that fire.  However, the Board has determined that there is sufficient documents available to allow a fair and impartial review of the case.  

The available evidence includes two military finding reports pertaining to the applicant that were taken from Hospital Admission Cards created by the Office of the Surgeon General (OTSG), Department of the Army, for the year 1944.  The first report confirms the applicant was admitted to a medical treatment facility in November 1944 and treated for a non-battle related injury to his tibia.  The report confirms that the causative agent was a vehicle accident, and that the circumstances were non-battle related, and that his injury occurred while he was working on a detail.

The second OTSG report confirms that the applicant was admitted to a medical treatment facility in England in December 1944, and treated for a non-battle injury to his foot.  The circumstances entry in this report confirms that the injury was non-battle related.  

Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria 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 who has been wounded or killed in action.  In order to support awarding a member the PH, it is necessary to establish that the wound or injury for which the award is being made was caused by or resulted from enemy action.  The regulation also provides examples of wounds or injuries that do not support award of the PH.  Included in this list are injuries that resulted from vehicle accidents not related to or caused by enemy action.   

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 contentions that he was wounded in action and received the PH while hospitalized in England.  However, if finds insufficient evidence to support this claim.  By regulation, in order to support the award of the PH, there must be evidence to confirm the wound or injury for which the award is being made was the result of or caused by enemy action.  

2.  The evidence shows that the applicant was hospitalized twice while serving in the European Theater of Operations (ETO) during World War II.  However, OTSG reports made available to the Board confirm that the injuries for which he was treated were non-battle related.  Thus, the Board finds insufficient evidence to satisfy the regulatory burden of proof necessary to support award of the PH in this case.  

3.  The Board wishes to advise the applicant that it does not question the veracity of his claim that he was injured in the line of duty while serving in the ETO during World War II.  However, based solely on the lack of supporting evidence to confirm his entitlement to the PH, it is compelled to deny the requested relief in the interest of equity and justice to all those who served during World War II and who faced 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

__HBO___  __TL__  __AO_        DENY APPLICATION

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

INDEX

CASE ID	AR2003086446	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1 61	107.0015	
2.		
3.		
4.		
5.		
6.