MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          12 March 2002
	DOCKET NUMBER:   AR2001065618

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Gale J. Wire		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) and that his separation document (WD AGO Form 53-5) be corrected to show he was wounded in action.

APPLICANT STATES:  In effect, that he was actively involved in ground combat with the enemy and when trying to take cover from enemy automatic rifle fire, his rifle discharged and he was wounded.  He further states that his separation document does not list the PH or that he was wounded in action.  In support of his application, he refers to a Veterans Claim Number 376/271, but he does not provide the claim documentation. 

EVIDENCE OF RECORD:  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information herein was gleaned from a copy of the applicant’s WD AGO Form
53-55 and an Army Surgeon General Office hospitalization file listing from the Office of The Surgeon General (OTSG), Department of the Army (DA), covering the period 1942 through 1945. 

The applicant’s WD AGO Form 53-55 shows that he was inducted into the Army and entered active duty on 4 May 1944.  He continuously served on active duty for 2 years and 17 days until being honorably separated, in the rank of sergeant (SGT) on 19 May 1946.  This document also shows that he participated in the Rhineland campaign of World War II, and that he earned the following awards during his tenure on active duty:  Combat Infantryman Badge; Expert Marksmanship Badge (Rifle); World War II Victory Medal, European-African-Middle Eastern Service Medal with 1 bronze service star, Good Conduct Medal; and Meritorious Unit Award.  
 
The applicant’s separation document does not include the PH in the list of authorized awards contained in Item 33 (Decorations and Citations) and Item 34 (Wounds Received in Action) contains the entry “None”, indicating he was not wounded in action during his active duty tenure.  

The OTSG hospital admission card record pertaining to the applicant, dated 
18 December 2001, confirms that he was admitted to the hospital in the ETO on 
17 November 1944, and treated for a non-battle injury.  The diagnosis was a compound fracture, with no nerve or artery involvement, and emotional instability. 

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 notes the applicant’ s contention that he was wounded in action and should be awarded the PH.  However, it finds insufficient evidence to support this claim.  By regulation, in order to support awarding a PH it must be shown that a member was wounded in action, was treated for this wound by military medical personnel, and this treatment was made a matter of official record.  

2.  While the Board wishes to congratulate the applicant on his outstanding World War II service, the available evidence confirms that he was treated for an compound fracture injury to his toe caused by a bullet and emotional instability and categorized as a non-battle casualty.  Lacking independent evidence to show this injury was received in action, the Board is compelled to deny the requested relief.  

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___INW__  __RJW__  __GJW___  DENY APPLICATION

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

INDEX

CASE ID	AR2001065618	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/03/12	
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.	107.0015	
2.		
3.		
4.		
5.		
6.