APPLICANT REQUESTS:  In effect, that he be awarded an oak leaf cluster to the Purple Heart.

APPLICANT STATES:  That he was never awarded the Purple Heart for a back injury he sustained on 16 August 1944.  In support of his request he provides a copy of the report of investigation pertaining to his back injury.

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

He enlisted on 4 November 1940 and on 7 December 1944 received a battlefield commission as a second lieutenant.  He was honorably discharged on 7 November 1945.  His significant awards include the Distinguished Service Cross, the Silver Star, the Bronze Star, the Purple Heart and the Combat Infantryman Badge.

The record reflects that he was awarded the Purple Heart for a penetrating wound to the right leg on 20 March 1945.  The injury for which he is requesting another award of the Purple Heart occurred on 16 August 1944 when he was accidentally thrown from a truck landing on his back on the road.  The report of investigation of the accident clearly indicates that he was not engaged in hostile action at the time it occurred.

Army Regulation 600-8-22 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.

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.  Based upon the available evidence, the applicant’s back injury incurred as a result of being thrown from a truck, does not meet the criteria for award of the Purple Heart.

2.  In view of the foregoing, there appears to be 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

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director