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

APPLICANT STATES:  That, in effect, he was wounded as a result of enemy action in both North Africa and Italy and should receive the Purple Heart for these wounds.

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 23 September 1942 and served 2 years, 5 months and 1 day in the North African-Mediterranean-European Theaters of Operation.  He was honorably discharged on 7 October 1945.

The applicant’s WD AGO Form 53-55, Enlisted Record and Report of Separation, reflects the entry “none” in the block entitled wounds received in action.  Medical records show, however, that he was treated for injuries sustained on 29 May 1943 in Oran, North Africa when his truck ran off the side of a hill.  The record indicates that his injuries were incurred accidentally and were not attributed to enemy action.  Hospital admission records also show that he was treated for Malaria in January and March 1945.

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 record shows that the applicant sustained injuries in World War II, it does not show that these injuries were the result of enemy action.

2.  Based on the available records, there is no evidence that he suffered a combat related injury that would qualify him 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