APPLICANT REQUESTS:  The widow of the former service member (FSM) requests that he be awarded the Purple Heart for injuries suffered in World War II.

APPLICANT STATES:  That the FSM was wounded in Italy on 18 November 1943 and did not receive the Purple Heart.

EVIDENCE OF RECORD:  The FSM’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 14 January 1942 and served 10 months and 11 days in the European Theater of Operations.  He was honorably discharged on 9 November 1945 and subsequently awarded disability compensation for chronic bronchial asthma aggravated by his war service.

The FSM’s enlisted record reflects the entry “None” in the block entitled wounds received in action.  Medical records show, however, that he was admitted to an Army hospital in Italy for treatment of asthma in November 1943.  He was transferred to Ireland and then England and eventually evacuated to the States for treatment of his asthmatic condition.  The medical records do not show that he was treated for any combat related wounds.

The FSM’s separation physical examination conducted on 9 November 1945 contains no statements by either the FSM or the examining physician concerning wounds resulting from combat.

Army Regulation 600-8-22, Military Awards, 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 on the available personnel and medical records, there is no evidence that the FSM suffered any combat related injuries during his service that would qualify him for award of the Purple Heart.

2.  While the records reflects an apparently excellent soldier who had over 2 years of wartime service, his only hospitalization occurred as the result of a disease process rather than wounds or injuries attributable to hostile action.

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 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