MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:           14 November 2002                   
	DOCKET NUMBER:   AR2002076211

	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. Arthur A. Omartian		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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:  The records from the 73rd Hospital in North Africa will show that he was injured while in combat.  This happened in June or July 1943.  He would like to receive the Purple Heart for that injury.  He took shrapnel in the eye for which he is now receiving Veterans Affairs (VA) compensation.

In support of his request, he submits a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation, a Clinical Record Brief from the 73rd Station Hospital, a Clinical Record Brief from the 26th General Hospital several Medical Department forms showing his treatment for Malaria, a copy of his Report of Physical Examination Prior to Discharge, Release from Active Duty or Retirement and a copy of the Report of Physical Examination performed by the VA on or about January 1947.

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

He was inducted on 19 August 1942 and entered active service on 2 September 1942.  He was awarded military occupational specialty (MOS) 597, Anti Aircraft Machine Gunner, and served in the European Theater of Operations with the 106th Anti Aircraft Artillery Battalion from 18 December 1942 to 18 September 1945.  He was honorably discharged from active service at demobilization on 30 September 1945 in the grade of private.  

His WD AGO Form 53-55 shows that he was awarded the European-African-Middle Eastern Service Medal with 5 Bronze Service Stars and 1 Bronze Arrowhead.  Item 34 (wounds received in action) of the form contains the entry “None.”

A Clinical Record Brief from the 73rd Station Hospital dated 19 May 1943, shows that the applicant was admitted on that date with a diagnosis of laceration of the lower eyelid, left eye, which was sutured and he was transferred to the 26th General Hospital for plastic surgery.  The treatment record provides no indication of how his injury was incurred.

On 5 June 1943, he was admitted to the 26th General Hospital.  The Clinical Record Brief states that he was treated for lacerations, lower eyelid, left eye, incurred in a fall on 12 May 1943 near the American Bar.

Other medical documents furnished by the applicant pertain to his treatments for malaria during May 1943 and June 1945, and a sprained ankle suffered in Sicily in April 1944.

His Report of Physical Examination Prior to Discharge, Release from Active Duty or Retirement reflects all of the above-mentioned treatments including the scar beneath his left eye that was incurred while in military service.  The report indicates that the scar was incurred in line of duty but provides no information regarding the circumstances of the injury.

The Report of Physical Examination performed by the VA in January 1947, concludes that the applicant has a small-healed scar beneath the left eye, which was incurred in Africa in May 1943 from stone shrapnel.  Again, no circumstances concerning the injury are provided.

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.

The same regulation authorized the World War II Victory Medal for service between 7 December 1941 and 31 December 1946.

Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows that during the applicant’s assignment with the 106th Anti Aircraft Artillery Battalion, the unit was awarded occupation credit for the occupation of Germany from 2 May to 30 September 1945.

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 available evidence of record does not show that the applicant suffered a wound in combat that meets the criteria prescribed for award of the Purple Heart. 
In fact, the medical evidence provided suggests that the injury may have been accidentally incurred rather than the result of combat.  Nonetheless, in the absent of more definitive evidence showing that the injury was a result of enemy action, there is insufficient evidence on which to base the award of the Purple Heart.

2.  Notwithstanding the foregoing, based on the applicant’s period of active service, he qualifies for the World War II Victory Medal and the Army of Occupation Medal with Germany Clasp.  The Army Review Boards Agency Support Division, St. Louis will be asked to correct his record to show that he is entitled to these awards.

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 is requested to correct the applicant’s record to show that he was awarded the World War II Victor Medal and the Army of Occupation Medal with Germany Clasp.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___aao __  ___rks __  ___jpi___  DENY APPLICATION

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

INDEX

CASE ID	AR2002076211	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021114	
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.