APPLICANT REQUESTS: That he be awarded the Purple Heart for wounds received in World War II.
APPLICANT STATES: In effect, that he was wounded while serving in the Asiatic-Pacific Campaign and was never awarded the Purple Heart to which he believes he is entitled.
EVIDENCE OF RECORD: The applicant's military records were destroyed in the National Personnel Records Center fire of 1973. Information contained herein was obtained from alternate sources.
He was inducted on 31 July 1942 and received training as a mechanic foreman. He served in the Pacific Theater of Operations for 2 years and 16 days, and was honorably discharged on 10 December 1945 in the grade of sergeant. His significant awards include the Good Conduct Medal, the Presidential Unit Emblem, the American Campaign Medal, the Asiatic-Pacific Campaign Medal, and the World War II Victory Medal.
The applicants WD AGO Form 55-53, Report of Separation, under the block wounds received in action, reflects NONE. However, the record does contain a copy of a ward sheet from the 25th Field Hospital showing that the applicant was admitted to that facility on 13 September 1944 with penetrating fragments to the chest and right shoulder. The ward physicians description of the injury indicates that the patient while running to join other men, tripped over a grenade launcher and the grenade exploded, patient did not fall but was hit by flying fragments.
Hospital admission data prepared by the Surgeon General reflects that the applicant, in addition to the treatment noted above, was also treated in June 1944 for anxiety psychoneurosis, in August 1944 for muscle strain to the back, and in August 1945 for a fractured nose. All of the foregoing entries are annotated as non-battle injuries.
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
The same regulation provides examples of injuries or wounds which clearly do not qualify for award of the Purple Heart, such as accidents, to include explosive, aircraft, vehicular and other accidental wounding not related to or caused by enemy action.
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 clinical record dated 13 September 1944 shows that his wounds resulted from tripping over a grenade launcher that exploded causing fragmentation wounds to his chest.
2. While the Board appreciates the applicants sacrifices during World War II, it would be less than equitable to many other veterans in similar circumstances to grant a request for the Purple Heart when the evidence of record so clearly describes that the wound was not directly related to combat action.
3. In view of the foregoing, there is no basis to grant 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
David R. Kinneer
Executive Secretary
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