MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:

	BOARD DATE:            9 March 2000                  
	DOCKET NUMBER:   AR1999029905

	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.

	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Thomas D. Howard, Jr.		Member	
	Ms. Carol Jo Suiter		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 the records of her uncle, a former service member, be corrected to reflect two awards of the Purple Heart.

APPLICANT STATES:  Her uncle was injured on two separate occasions during World War II.  She notes that he was injured “during enemy artillery fire on his company’s position on March 3, 1945….”  She states that he “was loading a rock from a truck into a shell crater when the artillery fire started and was caught between two trucks, braking his ribs and puncturing his kidney.”  She also states that he sustained an injury to his finger while building a bridge.  In support of her request she submits copies of her uncle’s medical records.

EVIDENCE OF RECORD:  The former service member’s records were apparently lost or destroyed during the 1973 fire at the National Personnel Records Center.  Information contained herein was reconstructed from alternative sources, including extracts from his service medical records.

The former service member entered active duty on 8 October 1942.  He received treatment for a lacerated finger on 1 April 1943, which he sustained while building a bridge.

The former service member arrived overseas in April 1944 and according to extracts from his service medical records he sustained a “contusion midtorso” on 3 March 1945 when he was caught between two trucks.  Treatment records indicate the injuries were recorded as a “NBI” (non-battle injury) and that they were accidentally incurred due to an auto accident.

He returned to the United States in September 1945 and on 6 November 1945 was released from active duty as a result of demobilization.  His WD AGO 53-55 (report of separation) does not reflect entitlement to the Purple Heart and item 34 (wounds) reflects “NONE.”

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.  Wounds which were accidentally incurred, even though they may have been sustained in a combat environment, do not qualify for award of the Purple Heart.

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.  While the evidence does indicate the former member received medical treatment for a lacerated finger and contusions to his torso neither injury was the result of hostile action and as such does not meet the requirements for award of the Purple Heart.

2.  The Board notes that the service member’s lacerated finger was injured prior to arriving overseas and the medical treatment forms associated with his torso injuries indicate those injuries were accidentally incurred.  There is no evidence of enemy involvement and his torso injuries were specifically recorded as “NBI” (non-battle injury).

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

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

__jh____  ___tdh___  ___cjs_____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029905	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000309	
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.