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Decision Text

ARMY | BCMR | CY1995 | 9511239C070209
Original file (9511239C070209.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 was struck in the head by shrapnel while in combat in Belgium in 1944 and believes that he should be awarded the Purple Heart for this injury.

4.  His military records show that he was inducted on 9 August 1943 and served 1 year, 3 months and 18 days in the European Theater of Operations.  He was honorably discharged for disability reasons on 15 October 1945.

5.  His awards include the European-African-Middle Eastern Campaign Medal, the Good Conduct Medal, the Marksman Badge with rifle and carbine bar and the Drivers Medal.

6.  The applicant’s medical records reflect that while in Belgium on 21 January 1945, he was struck in the left temple by a blunt piece of shrapnel.  He was eventually evacuated to the States where after evaluation of his case by a board of medical officers, he was determined to be unfit for further service due to Bell’s Palsy to the left side of the face.  Accordingly, he was discharged for disability on 15 October 1945.

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 combat casualty as the result of a shrapnel wound to the head, it does not specifically show that the wound was the direct result of enemy action.

2.  
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 action with the enemy.

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 21 January 1945 as a result of hostile enemy action in Belgium.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON

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