MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            5 April 2000
	DOCKET NUMBER:   AR1999031391

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Lester Echols		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 he be awarded the Purple Heart (PH).

APPLICANT STATES:  In effect, that he received a shrapnel wound to the left knee in Aachen, Germany in October or November 1944.  He states that he was treated by a Medic and continued his duties.  Included in block 10 of the application is an unofficial and unnotarized signed statement from an individual claiming to be the Medic who removed the shrapnel from the applicant’s knee.  The applicant has also enclosed a third party statement from an individual who claims to have been present when the applicant was wounded and treated by the Medic.

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

The applicant’s service record was not available for review by this Board.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed the applicant’s service records were lost in that fire.  

The evidence of record does include a National Archives (NA) Form 13038 (Certification of Military Service), which was issued by the NPRC in 1987.  This form documented that the applicant served on active duty from 24 March 1943 to 11 June 1945, at which time he was discharged honorably, in the rank of private.

The evidence also includes a War Department (WD) Adjutant General Office (AGO) Form 100 (Army Separation Qualification Record) and a WD AGO Form 80 (Certificate of Disability for Discharge).  There was also a large volume of comprehensive medical records available for review.  These records were the product of the applicant’s several hospitalizations and the extensive disability processing he underwent just prior to his separation.  

The applicant was inducted into the Army of the United States 24 March 1943 at Fort Dix, New Jersey.  He was trained in Anti-Aircraft Artillery at Camp Davis, North Carolina and moved overseas to the European Theater of Operations (ETO) in October 1943.  

After repeated hospitalizations in the ETO the applicant was medically evacuated to the ASF Mason General Hospital, Brentwood, New York for disability processing.  His medical records from the ETO contained no reference to a shrapnel wound.  Further, his disability processing packet from the hospital in Brentwood included a Final Summary form.  This form contained a military history statement, in which it was documented that the applicant had received no wounds during the tenure of his service. 

The disability processing packet also contained a complete physical examination, which the applicant underwent just prior to his separation.  This medical examination revealed no evidence of a shrapnel wound to the left knee.  In addition, there is nothing in the medical records to show that the applicant ever raised the issue of a PH at any time during his numerous hospitalizations in the ETO or during his stay in Brentwood.  

On 11 June 1945, the applicant was honorably discharged with a Certificate of Disability, issued by competent medical authority.  At the time of his discharge he had completed 2 years, 2 months, and 8 days of active military service.

Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 (Purple Heart) indicates that the PH is awarded to any member of an Armed Force of the United States who has been wounded in any action against an enemy of the United States.

Paragraph 2-8 b (2) states that a wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed above.  A physical lesion is not required, however, the wound for which the award is made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  

Paragraph 2-8 b (3) states that when contemplating an award of the PH, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.  It also stipulates that in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and 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.  Notwithstanding the unofficial and unnotarized witness statements provided by the applicant, a careful review of the available records failed to show that he was ever treated by medical personnel for a shrapnel wound received in action against a hostile force.  Therefore, there is no basis for granting the relief requested.  

2.  The regulatory criteria for awarding the PH is quite specific and requires that the wound for which the award is being received must be supported by records of medical treatment for the wound received in action, and must have been made a matter of official Army records.  Given the applicant’s medical records contain no evidence of medical treatment for a wound and the fact that the Final Summary contained in his disability packet documents that he had never been wounded during his tenure in service, relief is not warranted in this case.

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

__sk____  __rvo___  ___le____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999031391	
SUFFIX		
RECON		
DATE BOARDED	2000/04/05	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1945/06/11	
DISCHARGE AUTHORITY	AR 615-360	
DISCHARGE REASON	Disability	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015	
2.		
3.		
4.		
5.		
6.