MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           28 February 2002                   
	DOCKET NUMBER:   AR2001064312

	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	
	Mrs. Victoria A. Donaldson		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. John T. Meixell		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:  Award of the Purple Heart.

APPLICANT STATES:  In effect, that he is eligible for award of the Purple Heart.

EVIDENCE OF RECORD:  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources.

The applicant's military records show that he entered Active Duty on 15 August 1942.  He served in the African Theater from 22 June 1943 until 5 July 1945 and in the European Theater from 10 July 1943 until 10 September 1945.  The applicant was honorably discharged on 29 September 1945.

The applicant's WD AGO 53-55, which is authenticated in his own hand, does not show award of the Purple Heart in item 33 (Decorations and Citations).  Item 34 (Wounds Received in Action) of his WD AGO 53-55 shows the entry "None".

The applicant submitted a copy of WD AGO Form 284 (Request for Clinical Records) which shows that the applicant was hospitalized on 9 September 1943 in Naples, Italy, in September 1944 in Gienoble, France and 29 Jan 1945 until 
14 February 1945 in France.

The applicant also submitted a 52a (Medical Department USA) which states in item 14 (Register number or hospital memoranda): "Wd [wound] Perforated inner aspect, thigh, lt [left] incurred at 0900 near Ingweiller, Fr, when soldier was unloading lumber and lumber pile slid on top of him. 26 Jan 45.  LOD: Yes slight".

The applicant's records contained information from the Hospital Admission Cards created by the Office of the Surgeon General, Department of the Army.  The type of case was listed as "2 non-battle injury."

Army Regulation 600-8-22 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, 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 Board considered the applicant's request for award of the Purple Heart and reviewed the documents that he submitted.  The Board also reviewed the available service records in this case.
2.  The WD AGO 53-55 signed by the applicant at the time of his separation from the Army shows that he was not wounded in action and was not awarded the Purple Heart.

3.  The Board noted that the Hospital Admission Cards show that the wound he received when a pile of lumber slid on him was a "non-battle injury".

4.  Based on the foregoing, the Board determined that the applicant was not wounded as a result of hostile action therefore, there is insufficient evidence to award the Purple Heart for wounds sustained on 26 January 1945.

5.  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 this requirement.

6.  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

___RVO_      _CLA        _JTM      DENY APPLICATION

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

INDEX

CASE ID	AR2001064312	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020228	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	107.0015.0000	
2.		
3.		
4.		
5.		
6.