Search Decisions

Decision Text

ARMY | BCMR | CY1995 | 9510989C070209
Original file (9510989C070209.TXT) Auto-classification: Approved
2.  The applicant requests correction of his records to reflect that he was awarded the Purple Heart for injuries suffered in World War II.

3.  He states that he injured his shoulder during an enemy air attack while in New Guinea in December 1944 and believes that he should be awarded a Purple Heart for this injury.

4.  His military records show that he was inducted on 20 January 1943 and served 1 year, 8 months and 28 days in the Southwest Pacific Theater of Operations.  He was honorably discharged on 29 July 1945.

5.  His awards include the Good Conduct Medal, the Asiatic-Pacific Campaign Medal, the World War II Victory Medal, the Philippine Liberation Ribbon, and the Marksman Badge with rifle bar.

6.  The applicant’s medical records reflect that on 13 December 1944, he was treated for a dislocated right shoulder which occurred when he slipped while running for a foxhole during an enemy air raid on 26 November 1944.

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.  When contemplating award of this decoration, the key issue that must be taken into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not the sole justification for the award.

CONCLUSIONS:

1.  The evidence of record shows that the applicant was a combat casualty resulting from an injury suffered during an enemy air raid.  Evidence of the injury and the circumstances under which it occurred were properly documented in the record and leave no doubt as to the propriety of the award. 

2.  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 26 November 1944 as the result of hostile enemy action in New Guinea.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON

Similar Decisions

  • ARMY | BCMR | CY2004 | 04100477C070208

    Original file (04100477C070208.doc) Auto-classification: Approved

    The Board considered the following evidence: Exhibit A - Application for correction of military records. The copy of the 22 March 1945 medical record that the applicant submits with his request contains the remark, "He gives a history of having dislocated his left shoulder in New Guinea during an air raid attack when the truck in which he was riding was wrecked." There is no evidence and the applicant has not submitted any to show that an enemy air attack precipitated the event.

  • ARMY | BCMR | CY2013 | 20130014232

    Original file (20130014232.txt) Auto-classification: Denied

    The applicant requests that her father, a former service member (FSM), be awarded the Purple Heart and that she receive an explanation of her father’s injuries. The FSM's military records are not available for review. While the applicant has provided sufficient evidence to show the FSM was in fact injured on 15 May 1944, she has failed to show through the evidence of record and the evidence submitted with her application that his injury was the result of enemy action.

  • ARMY | BCMR | CY2009 | 20090011587

    Original file (20090011587.txt) Auto-classification: Denied

    He also states that at the time of his injury, the Purple Heart was not given because of friendly fire. There is no evidence in the applicant's available service or medical records which conclusively shows he suffered a wound/injury from hostile action, friendly fire, or that he was treated for such injury. Regrettably, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action or friendly fire in the heat of battle, that he was...

  • ARMY | BCMR | CY2007 | 20070011308

    Original file (20070011308.TXT) Auto-classification: Denied

    The applicant’s military records are not available to the Board for review. It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action. Therefore, he is entitled to correction of his military records to show three bronze service stars...

  • ARMY | BCMR | CY2011 | 20110020510

    Original file (20110020510.txt) Auto-classification: Denied

    The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation), Honorable Discharge Certificate, brief account of his military service, a letter from an American Legion Representative, letter written by the applicant, and two newspaper articles. There are no documents in the available record confirming he was wounded in action or awarded the Purple Heart while serving on active duty. This form does not indicate the applicant was wounded or hospitalized but it does...

  • ARMY | BCMR | CY2004 | 20040006583C070208

    Original file (20040006583C070208.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 August 2005 DOCKET NUMBER: AR20040006583 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. This medical record shows the following entries under "Diagnosis": “Contusion, right lip, mild, a.i. These records also show that the medical authorities who treated the applicant at that time determined that...

  • ARMY | BCMR | CY2009 | 20090004168

    Original file (20090004168.txt) Auto-classification: Denied

    He feels that the injury to his knee was a direct result of hostile action which should entitle him to the Purple Heart. However, there is insufficient evidence to grant him the Purple Heart in this case. Regrettably, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, there is insufficient basis for awarding the Purple Heart to the applicant in this case.

  • ARMY | BCMR | CY2004 | 2004106971C070208

    Original file (2004106971C070208.doc) Auto-classification: Approved

    The applicant’s military records are not available to the Board for review. His report of separation shows that he entered on active duty on 12 August 1943 and served in the 147th Field Artillery Battalion (158th Regimental Combat Team) in the Asiatic Pacific Theater during World War II beginning in March 1944, and returning to the United States in February 1946. Consequently, his request for award of the Purple Heart cannot be granted.

  • ARMY | BCMR | CY2013 | 20130009025

    Original file (20130009025.txt) Auto-classification: Approved

    The FSM's military service records are not available to the Board for review. There is no evidence in the available military service records that shows the FSM was awarded the Purple Heart. The applicant contends the FSM's records should be corrected to show he was wounded in action and that he was awarded the Purple Heart based on the entry "GO33WD45: New Guinea" in item 32 of the FSM's WD AGO Form 53-55.

  • ARMY | BCMR | CY2009 | 20090004279

    Original file (20090004279.txt) Auto-classification: Denied

    The applicant requests the records of her deceased husband, a former service member (FSM), be corrected to show he was wounded in combat and to be awarded the Purple Heart. However, there is insufficient evidence to grant the FSM the Purple Heart in this case. Regrettably, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, and that he was treated by medical personnel for those wounds or injuries, and that this treatment...