MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:           17 June 2003                  
	DOCKET NUMBER:   AR2002082586

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Hubert O. Fry		Member	
	Ms. Marla J. N. Troup		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 Purple Heart (PH) be added to his separation document.

APPLICANT STATES:  He was wounded by shrapnel in November or December 1944 in Northern France.  He was awarded the PH, but it wasn’t included on his separation document.

EVIDENCE OF RECORD:  The applicant's military records could not be located and are presumed to have been destroyed in the fire at the records repository at St. Louis, Missouri, in 1973.  The following information was derived from alternative sources.

He was inducted and entered active duty on 13 October 1942.  He was awarded the military occupational specialty of anti-aircraft gunner and was promoted to the rank of private first class.

He departed for the European Theater of Operations on 2 January 1944.  While stationed in Holland, the applicant was hospitalized.  His company’s morning report said he was “hit by shrapnel from shell during test firing of gun near AA position.  Seriousness of injury undetermined.  [Line of duty] non-battle casualty.”

The applicant returned to the continental United States on 28 October 1945 and was honorably released from active duty on 3 November 1945.  His separation document shows that he was awarded the Good Conduct Medal with clasp, the WW II Victory Medal, the American Campaign Medal, and the European-African-Middle Eastern Campaign Medal with 5 bronze service stars.  Item 34 of his separation document, Wounds Received in Action, is blank.

Army Regulation 600-8-22 provides that the PH 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.  Individuals wounded or killed as a result of “friendly fire” in the “heat of battle” will be awarded the PH as long as the “friendly” projectile or agent was released with full intent of inflicting damage or destroying enemy troops or equipment.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant was wounded by friendly fire while an anti-aircraft gun was being test fired.  His hospitalization was classified on his unit’s morning report as non-battle related.

2.  As such, the applicant does not meet the criteria for award of the PH in accordance with AR 600-8-2, including the provision for this award for wounds inflicted by friendly fire.

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

___fne___  ___hof __  ____mjt _  DENY APPLICATION

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

INDEX

CASE ID	AR2002082586	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030617	
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.