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Decision Text

ARMY | BCMR | CY1995 | 9510620C070209
Original file (9510620C070209.TXT) Auto-classification: Denied
APPLICANT REQUESTS:  That he be awarded the Purple Heart for injuries received during the bombing of Pearl Harbor

APPLICANT STATES:  He states that during the bombing of Pearl Harbor he was assigned to Schofield Barracks, Hawaii and was injured by a falling bomb that caused him to bleed from the ears and nose.  He was treated by medical personnel on the scene but not admitted to a hospital because there were more seriously wounded personnel who needed care.

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

He enlisted in the Regular Army on 29 December 1939 for a period of 3 years.  He was subsequently extended because of the war and was honorably discharged as a private on 23 June 1945.  His significant awards include the Good Conduct Medal, the American Defense Service Medal, the American Campaign Medal, the Asiatic-Pacific Campaign Medal, and the World War II Victory Medal.

The applicant’s medical records disclose that on 6 April 1945 he was referred for consultation regarding deafness in his left ear.  It was the opinion of the consultant that he suffered from condition type deafness the cause of which was undetermined.  The report of physical examination prior to discharge found him fit for discharge with no hearing or other abnormality.  Also, there are no annotations on the examination report of any wounds received during his term of service.

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.  There is no evidence in the available records, nor has the applicant provided any evidence, to show that he was wounded as the result of hostile action.

2.  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 the aforementioned requirement.

3.  In view of the foregoing, there is 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




		David R. Kinneer
		Executive Secretary

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