APPLICANT REQUESTS:  That he be awarded the Purple Heart for injuries sustained in World War II.

APPLICANT STATES:  In effect, that his ear drums were perforated by German artillery fire.  When awards were presented to his unit he was still in the hospital and did not receive his Purple Heart.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed records.

He was inducted on 19 March 1943 and after training as an artilleryman he served in France.  He was honorably discharged on 26 March 1946.

His medical records show that he was treated for ear and hearing related problems periodically during his service.  On 29 August 1944 he was admitted to the Army hospital at Camp Irwin, California for acute otitis media to the left ear.  The cause was undetermined.  Subsequent treatment records show that he suffered from chronic otitis media from childhood.

In a VA medical examination for disability evaluation in January 1964, the applicant contended that his ears were injured by German artillery landing close by.  However, the available records contain no evidence of the source of his hearing loss, other than the history provided by the applicant.

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.  While the evidence of record shows that the applicant was treated for an injury to his ear drums, it does not show that the injury was the result of hostile action.

2.  Based upon the available records, there is no evidence that he suffered a combat related injury that would qualify for award of the Purple Heart.

3.  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