MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 April 2003      
	DOCKET NUMBER:   AR2002081052

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Linda M. Barker		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:  As the widow of a deceased former service member (FSM), that her late husband be awarded the Purple Heart.  

APPLICANT STATES:  That she believes her late husband is entitled to award of the Purple Heart.  She contends that in March 1945, while stationed in France and assigned to a detail repairing a railroad bridge, her husband and his men came under small arms fire from the enemy.  She contends that in their attempt to get clear, they used a rail car as a shield and began pushing the car away from their position.  During this process, her husband became pinned down and was unable to move.  Because the fire was so intense her husband did not realize the rail car was moving and it subsequently crushed the heel of his right foot.  In support of her application, she submits a copy of the FSM's WD AGO Form 100 (Separation Qualification Record); an undated page from a hand-written letter authored by the FSM at the time in question; two clinical records, dated 27 March 1945 and 9 March 1945; a medical record, dated 9 March 1945; a copy of their Marriage Certificate; and a copy of the FSM's Death Certificate.  

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

The FSM was inducted on 18 August 1942.  He attended Officer Candidate School and was honorably discharged on 16 March 1943 to accept a commission.  He was commissioned a second lieutenant and entered active duty on 17 March 1943.  He served as a car repair shop superintendent in the European Theater of Operations from 4 September 1943 through 10 March 1946 and was released from active duty on 30 June 1946 in the rank of first lieutenant. The FSM served in the U.S. Army Reserve from 1 July 1946 through 
26 September 1948.  On 27 September 1948, the FSM entered active duty and remained on active duty until he retired on 30 November 1964 in the rank of major.  

The FSM's WD AGO Form 53-98 (Military Record and Report of Separation), which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 30 (Wounds Received in Action) on his WD AGO Form 53-98 shows the entry, "None."

There is no evidence in the available records that shows the FSM was awarded the Purple Heart or was wounded as a result of hostile action during World War II.

Item 12 (Medical History) on the FSM's WD AGO Form 63 (Report of Physical Examination), dated 27 March 1946, shows he sustained a severe contusion to his right heel (no fracture) in France in March 1945.  There is no evidence that this injury was the result of hostile action.

In support of her claim for award of the Purple Heart, the applicant submits one page of a hand-written letter from her husband at the time in question.  In this letter, the FSM states that while repairing a bridge his unit got pinned down by small arms and his right heel was injured when a box car ran over it.     
 
The applicant also provided medical records which show that a train ran over the FSM's right heel while working on 9 March 1945 in France.  

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, 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 contention that the FSM is entitled to award of the Purple Heart for his right heel injury sustained on 9 March 1945 in France.  The Board also reviewed the hand-written letter authored by the FSM at the time in question.   However, medical evidence of record provided by the applicant shows that a train ran over the FSM's right heel while he was working on 9 March 1945 in France.   

2.  There is no evidence of record available to the Board which shows the FSM was wounded or treated for wounds sustained as a result of hostile action during World War II.

3.  The FSM signed his WD AGO Form 53-98 on 30 June 1946 attesting that he was not wounded in action and was not entitled to award of the Purple Heart. 

4.  Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

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

RJW____  BJE____  LMB_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002081052	
SUFFIX		
RECON		
DATE BOARDED	20030408	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.