MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            10 August 2000                  
	DOCKET NUMBER:    AR1999034351

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. John Saputo		Member	
	Ms. Karen A. Heinz		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 the Purple Heart.

APPLICANT STATES:  That on 3 May 1945 he was injured in the left eye by the explosion of a German 88 high burst shell in Germany.  He was treated by a medical technician under the direction of a medical officer.  He was not evacuated since this was a time of intense combat.  He believes the record is in error because he was treated at the 232nd Field Artillery Battalion Aid Station and the only records were the tags on the sick and wounded who were evacuated.  Following his discharge the Veterans Administration (VA) judged him 10 percent war service disabled in the left eye.

In support of his request, he has provided a notarized statement of his injury and treatment, prepared by himself; proof of his service connected compensation from the VA; letters from his US Senators supporting his request; a copy of his Enlisted Record and Report of Separation (WD AGO Form 53-55) and a copy of a citation for the Bronze Star Medal awarded to him on 14 November 1945.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  Information herein was derived from documents provided by the applicant.

He was inducted on 13 August 1943 and served in the European Theater of Operations from January 1945 to April 1946 as a surgical technician.  He was honorably discharged at demobilization on 9 April 1946 as a technician 4th grade.

His awards include the Bronze Star Medal, the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal, the American Campaign Medal, the World War II Victory Medal, the World War II Honorable Service Lapel Button and the Sharpshooter Badge with Carbine Bar.

The WD AGO Form 53-55 which was signed by the applicant does not show the Purple Heart as an authorized decoration; nor, does it show, in Block 24 (wounds received in action) that he was wounded during his service.

Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the Purple Heart is awarded for a wound 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 applicant has provided no evidence other than his own statement and the available record contains no evidence that he was wounded in action and is entitled to the Purple Heart.

2.  The evidence from the VA would appear to confirm that he has been awarded compensation from that agency.  However, the receipt of compensation even when it is determined that the injury for which compensated was incident to service, does not establish that the injury was the result of hostile action, a necessary prerequisite for award of the Purple Heart.  In the absence of evidence corroborating that the injury was the direct result of enemy action there are no grounds for this Board to award the Purple Heart.

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 satisfies this 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

__mdm__  ___js  ___  ___kah__  DENY APPLICATION

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

INDEX

CASE ID	AR1999034351	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000810	
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.