MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            07 NOVEMBER 2002                 
	DOCKET NUMBER:   AR2002076486

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Thomas B. Redfern III 		Member	
	Mr. Donald P. Hupman, Jr.		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 his records be corrected to reflect award of the Purple Heart.

APPLICANT STATES:  He was wounded during the Battle of the Bulge.  In support of his request he submits a copy of an undated news article which indicates the applicant was "seriously injured on December 24 in action in Belgium."  The article states that the applicant's parents were notified by telegram on 13 January.

EVIDENCE OF RECORD:  The applicant's military records were likely lost or destroyed during the 1973 fire at the National Personnel Records Center.  Information contained herein was reconstructed from alternative sources, including information provided by the applicant.

The applicant entered active duty on 6 November 1942 and served in the European Theater of Operations between November 1943 and March 1945.  He performed duties as a truck driver with the 3711th Quartermaster Truck Company.

According to information maintained by the Office of The Surgeon General, commonly referred to as the SGO Files, the applicant sustained a fracture to his leg on 24 December 1944 when he was "struck by" a motor vehicle.  The injury was recorded as a "non-battle injury."  The applicant was, according to the SGO File, hospitalized for several months.

He returned to the United States in March 1945 and on 11 November 1945 was discharged with a Certificate of Disability for Discharge.  His separation document, which he authenticated, does not reflect entitlement to the Purple Heart and item 34 (wounds received in action) reflects "None."

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 review of Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (3711th Quartermaster Truck Company) was awarded a Meritorious Unit Commendation while he was assigned to the unit.

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.  Although the evidence does confirm that the applicant did sustain a severe injury to his leg during World War II, the evidence indicates that the injury was accidentally incurred.  As such, there is no basis for an award of the Purple Heart.

2.  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.

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:  Officials at the ARBA Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect award of a Meritorious Unit Commendation.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__RVO__  __TBR __  __DPH __  DENY APPLICATION

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

INDEX

CASE ID	AR2002076486	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021107	
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.