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ARMY | BCMR | CY2001 | 2001061729C070421
Original file (2001061729C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 11 October 2001
         DOCKET NUMBER: AR2001061729

         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
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Ms. Joann H. Langston Chairperson
Mr. Mark D. Manning Member
Mr. Jose A. Martinez 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 he be awarded the Purple Heart.

APPLICANT STATES: That he was wounded in World War II. Purple Hearts have been awarded to non-combat peacekeepers. The Navy awarded the Purple Heart to an American who was injured by the Israelis. That individual was not in a war.

EVIDENCE OF RECORD: The applicant's military records are apparently in use at another agency and are not available. Information contained herein was obtained from alternate sources.

Office of the Surgeon General Hospital Admission Cards show the applicant was hospitalized on 23 May 1945 for treatment of fracture of the patella caused by a machine gun bullet incurred while handling firearms while on post or in camp. He apparently was discharged or retired for disability around December 1945.

Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations. In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States or, after 28 March 1973, as a result of military operations while serving outside the territory of the United States as part of a peacekeeping force.

World War II in Europe ended with Germany’s surrender on 8 May 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 evidence of record shows that the applicant was injured after the end of World War II in Europe as a result of an accident, not as the result of action against an enemy of the United States. Effective 28 March 1973, peacekeepers wounded while serving outside the territory of the United States as part of a peacekeeping force are authorized award of the Purple Heart. The Army is not bound by the policies of other Services regarding award of the Purple Heart.

2. 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

__jhl___ __mdm___ __jam___ DENY APPLICATION



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




INDEX

CASE ID AR2001061729
SUFFIX
RECON
DATE BOARDED 20011011
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


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