MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           17 JULY 2003                  
	DOCKET NUMBER:   AR2002081304

	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:

	Ms. Joann H. Langston		Chairperson	
	Ms. Regan K. Smith		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:  He was never awarded the Purple Heart for "ruptured ear drum and hearing loss while in combat in Germany 1945."  In support of his request he submits a copy of his Department of Veterans Affairs disability entitlement, which granted him a 10 percent disability rating for "right mixed hearing loss secondary to explosive injury and or noise exposure."

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 18 January 1944 and arrived in the European Theater of Operations in January 1945.  In May 1945 he was awarded the Combat Infantryman Badge and in April 1946 he returned to the United States.

On 17 May 1946 the applicant was released from active duty.  His separation document, which he authenticated, does not reflect entitlement to the Purple Heart and item 34 (wounds received in action) reflects "NONE."

In 1998 the applicant was granted a service connected disability rating for bilateral hearing loss by the Department of Veterans Affairs.  The Department of Veterans Affairs rating decision document notes that the applicant submitted one statement from an individual who reported that he had noticed the veteran's hearing loss while in the service and statements from three other persons who claimed that they knew the veteran prior to service and that he had no hearing loss before entering the military.  

The Department of Veterans Affairs indicated that the applicant had served "one month as a cannoneer and for 15 months as a gun crewman, light artillery."  They concluded "considering all of the medical and lay evidence of record and resolving reasonable doubt in favor of the veteran, service connection for hearing loss is granted."  

There were no extant medical records available to the Board and files maintained by the Office of The Surgeon General, commonly referred as the "SGO Files" did not record treatment of any wounds or injuries sustained by the applicant as a result of hostile action.  

A review of the historical files maintained at the National Archives in College Park, Maryland, also failed to identify the applicant as being entitled to an award of the Purple Heart.

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.

Army Regulation 600-8-22 also provides for award of the Bronze Star Medal to individuals who were awarded the Combat Infantryman Badge during World War II.  Awards of the Bronze Star Medal, based on the Combat Infantryman Badge, are commonly referred to as conversion awards.

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 applicant may be receiving disability compensation for a condition which was determined to have resulted from his military service, and may have occurred as a result of his performance of duty in a combat theater, the absence of evidence which confirms that his hearing loss was the direct result hostile action precludes award of the Purple Heart.  

2.  The fact that an individual may sustain a wound or injury while in a combat theater is not a basis for award of the Purple Heart.

3.  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.

4.  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 Army Review Boards Agency Support Division in St. Louis are requested to administratively correct the applicant's document to reflect 

award of a the Bronze Star Medal as a conversion award based on his Combat Infantryman Badge.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__JHL __  __RKS __  ___JTM _  DENY APPLICATION

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

INDEX

CASE ID	AR2002081304	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030717	
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.