MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:          30 April 2002                   
	DOCKET NUMBER:  AR2001064269

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Hubert O. Fry		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 the Purple Heart (PH).

APPLICANT STATES:  He broke a toe when he had an accident while performing duties as a motorcycle patrolman.  In another incident he was thrown from his motorcycle by explosions from Japanese bombs, which knocked him unconscious.  As a result, he was unconscious for three to four days with a concussion and sustained numerous injuries.

In support of his application he submits a clinical record brief dated 30 May 1943, which shows that the applicant was treated for multiple injuries caused by his motorcycle hitting a hole in the road.

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

He was inducted on 28 January 1942, was awarded the military occupational specialty of wheeled vehicle mechanic, and was promoted to technical sergeant.  He served in the China, India and Burma theaters of operation from 28 May 1942 to 12 March 1945.  He was honorably discharged on 11 October 1945 due to the demobilization of the armed forces.  The awards and decorations shown on his separation document are the Good Conduct Medal and Asiatic Pacific Service Medal with one bronze service star.  Item 34 of his separation document, “Wounds received in action,” has “None” entered.

A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II (WWII) and the Korean conflict onto magnetic tape.  Searches of these files only show that the applicant was treated for an ascaris infection and neuritis while in the service.

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.

A WWII specific award is the WWII Victory Medal which is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  While the applicant has provided evidence that he was treated for injuries while on active duty, the document he provides shows that he received those injuries when the motorcycle he was riding hit a hole in the road.  
2.  As such, there is no evidence that he was wounded as a result of hostile action, one of the prerequisites for the award of the PH.

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.

NOTE:  The Army Review Boards Agency, St. Louis, Missouri, will be requested to add the WWII Victory Medal to the applicant’s separation document.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___aao __  ___ho___  __teo___  DENY APPLICATION

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

INDEX

CASE ID	AR2001064269	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020430	
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.