APPLICANT REQUESTS: That he be awarded the Purple Heart for injuries sustained in World War II.
APPLICANT STATES: That he believes that he should have received the Purple Heart but for reasons unknown the necessary paperwork was never processed.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted on 26 July 1944 and served 1 year, 7 months and 1 day in the Pacific Theater of Operation as a gun crewman. He was honorably discharged upon demobilization on 19 August 1946.
His military awards include the World War II Victory Medal, the Asiatic-Pacific Campaign Medal, the Good Conduct Medal, the Philippine Liberation Ribbon and the Marksman Badge with rifle bar.
The applicants WD AGO Form 53-55, Enlisted Record and Report of Separation, reflects none in the block entitled wounds received in action. His medical records show, however, that he was treated on numerous occasions in 1944 and 1945 for deafness and defective hearing ranging from mild to severe. The diagnosis was that he suffered from deafness, conductive and perceptive, congenital, left ear. During one such evaluation it was noted that he was completely deaf in left ear entire lifetime. Brother had similar condition.
His separation physical exam shows that his trauma of the left ear was incurred while in military service and alludes to a combat wound but provides no facts or circumstances to support the statement. The same examination also notes that he was treated for hepatitis during his 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. The applicant was diagnosed with congenital deafness indicating that the condition had existed since birth. While this condition was undoubtedly aggravated by exposure to noise, the numerous medical records prepared at the time contain no evidence that it was the direct result of hostile action.
2. The only allusion that the deafness may have been combat related is found in the separation physical examination. At that time, however, the history of the injury was obtained from the applicant rather than from an independent determination by a treating official on the scene.
3. In view of the foregoing, there appears to be no basis for granting the applicants 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
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