2.  The applicant requests correction of his records to show that he was awarded the Purple Heart for injuries suffered in World War II.

3.  He states that he was injured on 15 November 1944 when the truck in which he was riding struck a German mine and exploded.  In support of his request, he provides copies of two newspaper clippings at the time describing the incident and his injuries.

4.  His military records show that he was inducted on 15 July 1943 and served 1 year, 4 months and 21 days in the European Theater of Operations.  He was honorably discharged on 22 January 1946.

5.  His awards include the European-African-Middle Eastern Campaign Medal, the American Campaign Medal, the Good Conduct Medal, and the World War II Victory Medal.

6.  The applicant’s records reflect that he was admitted to a general hospital in France for cuts and other unspecified lacerations in November 1945.  His separation physical exam also indicates that he was hospitalized in France for 3 days in 1944 for the treatment of lacerations.

7.  Army Regulation 600-8-22, Military Awards, provides in pertinent part, that the Purple Heart is awarded for a wound sustained as the 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.

CONCLUSIONS:

1.  While the evidence of record shows that the applicant was a casualty as the result of wounds suffered when the truck he was in hit a mine, it does not specifically show that the wound was the direct result of enemy action.

2.  Notwithstanding the foregoing, when considering the nature of the wound and the circumstances under which it was inflicted, it would be reasonable to presume that it was the result of enemy action.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Purple Heart for injuries sustained on 15 November 1944 as a result of hostile action in France.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION